Enforcement of Foreign Awards

The process of enforcing arbitral awards made in a foreign country. In England and Wales, the primary route is under the New York Convention as implemented by sections 100 to 104 of the Arbitration Act 1996. Awards from non-convention states may be enforced at common law or under Part III of the Arbitration Act 1950.

In practice

To enforce a New York Convention award, the award holder files the original award and arbitration agreement (or certified copies) with the High Court. Leave to enforce is granted ex parte, and the debtor has a limited period to challenge. Grounds for refusal are narrow and include incapacity, invalidity of the agreement, lack of notice, excess of jurisdiction, and public policy. Once permission is granted, all standard English enforcement methods are available.