header-logo header-logo

Route 66: enforcing arbitral awards

29 July 2020 / Masood Ahmed
Issue: 7897 / Categories: Features , Procedure & practice , ADR , Arbitration
printer mail-detail
25164
Masood Ahmed reports on leave to enforce under s 66 of the Arbitration Act 1996

In brief

  • Section 66 of the Arbitration Act 1996: enforcing arbitral awards.
  • West Tankers Inc v Allianz SpA (The Front Comor): enforcing the rights which the award has established.
  • A v B: a helpful reminder of the approach the courts will adopt when considering an application to enforce under s 66.

Section 66 of the Arbitration Act 1996 (the 1996 Act) provides that an arbitral award may, with the permission of the court, be enforced in the same manner as a judgment or order of the court. However, for the award to be validly enforced, it must, as confirmed in West Tankers Inc v Allianz SpA (The Front Comor) [2012] EWCA Civ 27, [2012] All ER (D) 127 (Jan), seek to enforce rights which the award has established (ie, be a declaratory award). Recently, the High Court in A v B [2020] EWHC 952 (Comm) set aside an earlier order

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll