ENGLAND & WALES Law and Practice Contributed by: James Herring, Nathalie Allen and David Wigg, Addleshaw Goddard
to awards made, in pursuance of an arbitration agree - ment, in the territory of another state that is a party to the New York Convention. Furthermore, the Arbitration Act expressly caters for the recognition and enforce - ment of New York Convention awards (Sections 100 to 104). In particular, pursuant to Section 101 (2) of the 1996 Act, an award that falls under the New York Conven - tion may, by leave of the court, be enforced in the courts of England and Wales. If leave is so given, judgment may be entered in the terms of the award (Section 101 (3) of the 1996 Act). An award is treated as being “made” in the same place as the seat of the arbitration (Section 100 (2)(b) of the 1996 Act). It is also open to seek to enforce the award under Section 66 of the 1996 Act as well, but, generally, enforcing the award pursuant to Sections 100 to 103 of the 1996 Act is the usual route. As of June 2026, there are in excess of 170 state parties to the New York Convention. Accordingly, in practice, the majority of foreign commercial awards enforced in the courts of England and Wales relate to awards enforced under the New York Convention. Geneva Convention awards The Geneva Convention was effectively the New York Convention’s predecessor, and there are a relatively small number of countries that have not yet signed and/or ratified the New York Convention but are a party to the Geneva Convention. Awards to which the Geneva Convention relates are enforced under Sec - The UK is also a party to the International Centre for Settlement of Investment Disputes Convention 1966 (ICSID). The enforcement of ICSID awards, which typi - cally relate to investment treaty arbitrations, is gov - erned by this convention, usually referred to as the Washington Convention. The Foreign Judgments ( Reciprocal Enforcement ) Act 1933 This relates to the enforcement of awards made in certain former Commonwealth nations. tion 99 of the 1996 Act. Other foreign awards ICSID awards
Under the common law In theory, this provides a route for the enforcement of any foreign award. 4.2 Variations in Approach to Enforcement of Arbitral Awards In general terms, the variation in approach depends on whether the award is a domestic or foreign award and, if it is a foreign award, whether a particular con - vention applies, allowing for recognition and enforce - ment. Other than this, the main variation in approach depends on the form of the arbitral award and whether the award falls within a category of award that will not be enforced (see 4.3 Categories of Arbitral Awards Not Enforced ). 4.3 Categories of Arbitral Awards Not Enforced The starting point when considering whether an award will be enforced is to consider the form of the award and whether it meets the requisite criteria for enforce - ment. Domestic Awards The parties to an arbitration agreement are free to agree on the form of an arbitral award. To the extent that there is no such agreement, Section 52 of the 1996 Act provides that the award must: • be in writing and signed by all the arbitrators or all those assenting to the award; • contain the reasons for the award (unless it is an agreed award or the parties have agreed to dis - pense with reasons); • state the seat of the arbitration; and • state the date when the award is made. If an award does not comply with these requirements, it cannot be enforced. Foreign Awards If a particular convention or statute applies to the enforcement of a foreign award, the award must meet the requirements of that convention or statute. For example, in relation to a New York Convention award to be enforced in England and Wales, the award
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