ENGLAND & WALES Law and Practice Contributed by: James Herring, Nathalie Allen and David Wigg, Addleshaw Goddard
Stay of Enforcement Proceedings Pending Set- Aside Proceedings The courts of England and Wales have the discre - tion to adjourn enforcement proceedings pending the conclusion of set-aside proceedings at the seat of the arbitration. If permission to enforce the award has already been granted, the court also has the power to order a stay of execution. The approach taken by the courts of England and Wales for granting an adjournment is discretionary, involving the consideration of a number of factors, including: • whether the application for adjournment is bona fide and not merely to delay enforcement; • whether the set-aside application before the seat has realistic prospects of success; and • any delay or prejudice that is likely to arise from the granting of the adjournment.
agreement or improper conduct/irregularity affecting the tribunal or proceedings (either forthwith or within such time as allowed by the arbitration agreement or the tribunal). Leave to enforce shall also not be given if the tribunal has ruled on its jurisdiction and the party has not questioned the ruling (or not within the allowed time). Section 66 of the 1996 Act does not provide grounds for refusing enforcement as provided for at Section 103 of the Arbitration Act. However, in practice, the courts of England and Wales have exercised their dis - cretion in refusing enforcement for similar reasons.
159 CHAMBERS.COM
Powered by FlippingBook