JERSEY Law and Practice Contributed by: Amy Benest, William Redgrave, Jared Dann and Lynne Gregory, Baker & Partners
Enforcement of an arbitral award to which the New York Convention applies shall not be refused unless: • a party to the arbitration agreement was under some incapacity as a matter of the law applicable to the party; • the arbitration agreement was not valid under the law the parties agreed, or the law where the award was made; • the defendant was not given proper notice of the appointment of the arbitrator or of the proceedings, or was otherwise unable to present their case; • the arbitration does not deal with the questions contemplated by or matters falling within the terms of the arbitration agreement, or contains matters beyond the scope of the submission to arbitration; • the composition of the arbitral authority or the arbitral procedure was not in accordance with the arbitration agreement, or the law of the country where the arbitration took place; or • the award is not yet binding upon the parties or has been set aside or suspended.
In addition, a New York Convention award will not be enforced if the award has been made in respect of a matter which is not capable of settlement by arbi - tration and it would be contrary to public policy to enforce the award. In addition to the reasons listed above regarding the categories of arbitral awards which may not be enforced in Jersey, the defendant may challenge the enforcement itself against assets on the basis that they do not own the assets. A defendant has recently sought to resist enforcement on the grounds that it would be contrary to policy and law in Jersey when there was a possibility of pay - ment and the award would have contravened sanc - tions. However, that challenge was not successful ( RTI Limited v OWH SE iL [2025]JCA327). Any refusal to enforce on the grounds of public policy will be approached with “extreme caution”. A defendant may also assert that the applicant does not have standing to enforce the award.
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