Enforcement

This subtopic provides practical guidance on the recognition and enforcement of arbitral awards in the courts of England and Wales, and related matters.

This subtopic primarily provides guidance on the recognition and enforcement of arbitration awards under English and Welsh law and the Arbitration Act 1996 (AA 1996), which applies, with some exceptions, to arbitrations seated in England, Wales and Northern Ireland. Guidance on related court procedure is limited to the courts of England and Wales (England and English are used as convenient shorthand). Practitioners may find some of the guidance relevant to arbitrations seated outside these jurisdictions.

For information on the recognition and enforcement of arbitral awards in other jurisdictions, see: International arbitration—enforcing international arbitral awards—overview.

To compare how arbitral awards are recognised and enforced in jurisdictions around the world, please see our International Comparator Tool.

An introduction to recognising and enforcing international arbitral awards

At the end of arbitration proceedings an arbitral tribunal will, typically, issue a final arbitral award on the merits of the parties’ dispute. In many cases, compliance with the tribunal’s

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Powered by Lexis+®
Latest Arbitration News

Section 69 appeal—court clarifies scope of repudiation compensation (Olam Global Agri Pte Ltd v Holbud Ltd)

Arbitration analysis: This decision concerns Olam Global Agri Pte Ltd’s (Seller or Olam) section 69 appeal under the Arbitration Act 1996 (the ‘Act’) against a Grain and Feed Trade Association (GAFTA) Board of Appeal (BOA) award (BOA Award) in favour of Holbud Ltd (Buyer or ‘Holbud’) arising out of a GAFTA 49 FOB sale contract dated 19 November 2021 (the ‘Contract’). The appeal raised two issues: (a) whether an innocent party must prove its own ability to perform its contractual obligations in order to recover substantial damages where the counterparty has repudiated the contract by wrongly declaring force majeure; and (b) whether Clause 6 of GAFTA 49 (‘Clause 6’) permits a substitute vessel to be nominated at any time before the innocent party accepts that repudiation. In setting aside the BOA Award, the Commercial Court held that a wrongful force majeure notice does not, without more, relieve the Buyer of the need to prove it could have performed its own obligations to recover substantial damages. The court also found that Clause 6 does not permit substitution of a nominated vessel outside the clause’s strict timing requirements. Holbud’s claim for substantial damages therefore failed. The case underscores the corrective function of section 69 of the Act (‘Section 69’) and provides important guidance on the application of the compensatory principle in assessing damages following repudiatory breach. Written by Dr Ademola Bamgbose, solicitor advocate and senior associate at Hogan Lovells, London and Sofie Gowran, trainee solicitor at Hogan Lovells, London.

View Arbitration by content type :

Popular documents