ENGLAND & WALES Law and Practice Contributed by: James Herring, Nathalie Allen and David Wigg, Addleshaw Goddard
same considerations set out in 2. Domestic Judg- ments apply. It is important to note that Section 66 of the 1996 Act is mandatory and cannot be contracted out of. Furthermore, this section of the 1996 Act applies to arbitrations seated both inside and outside England and Wales or Northern Ireland (Schedule 1 and Sec - tion 2 (2)(b) of the Act) – ie, this provision can also be used for enforcing foreign awards. Foreign Awards The UK’s withdrawal from the European Union has had no impact on the enforcement of EU arbitral awards within the UK, by virtue of the fact that the UK and the EU are signatories to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958. This convention is unrelated to the UK’s former membership of the EU. Foreign awards tend to fall into three distinct catego - ries. New York Convention awards Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (com - monly termed the New York Convention), any signato - ry state may, on the basis of reciprocity, declare that it will apply the New York Convention to the recognition and enforcement of awards made in the territory of another contracting state. The New York Convention entered into force in the UK on 23 December 1975. It applies to awards made, in pursuance of an arbitra - tion agreement, in the territory of another state that is a party to the New York Convention. Furthermore, the Arbitration Act expressly caters for the recogni - tion and enforcement 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 July 2025, 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 - tion 99 of the 1996 Act. Other foreign awards • ICSID awards – the UK is also a party to the International Centre for Settlement of Investment Disputes Convention 1966 (ICSID). The enforce - ment of ICSID awards, which typically relate to investment treaty arbitrations, is governed by this convention, usually referred to as the Washington Convention. • The Foreign Judgments (Reciprocal Enforce - ment) Act 1933 – this relates to the enforcement of awards made in certain former Commonwealth nations. • 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 ).
167 CHAMBERS.COM
Powered by FlippingBook