header-logo header-logo

22 March 2013 / Clare Arthurs , Margaret Tofalides
Issue: 7553 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail

Route 66: an easy journey?

hires_11

Enforcing an arbitration award under the Arbitration Act 1996 can prove a bumpy ride, as Clare Arthurs & Margaret Tofalides explain

The arbitrator has made an award in your favour. The other side has not sought to challenge it. However, you cannot yet rest on your laurels. The award is only worth the paper it is written on until it has been fulfilled or enforced.

Enforcement under the Arbitration Act 1996

The role of the UK courts in relation to arbitration is regulated by the Arbitration Act 1996 (AA 1996), which contains several distinct procedures for enforcing an award.

The recognition and enforcement of foreign awards is dealt with in Pt III. An award made in the territory of a state which is party to the New York Convention (NYC Awards) may be recognised and enforced in England (ss 100–104). These sections also set out the circumstances in which a NYC Award will not be recognised or enforced. Foreign awards which are not also NYC Awards (eg, Geneva

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll