A Practical Guide to International Arbitration in London

Chapter 16 Enforcement of an English or Foreign Award

Introduction

Voluntary compliance or successful enforcement of an award is the ultimate goal of a claimant. The knowledge that the latter is available as the ultimate sanction can assist in the former. Some parties do, however, seek to resist enforcement. There are two principal ways of enforcing awards under the 1996 Act:

1. First, under section 66 of the 1996 Act. Arbitral awards made both in the United Kingdom, i.e. domestic awards, and those made where the seat is outside the jurisdiction can be enforced under this section.¹ No prior recognition is necessary. Enforcement is discretionary, but will rarely be refused.
2. Secondly, under sections 100–103 of the 1996 Act. These provisions mirror ...