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

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One arbitration, two courts, multiple injunctions (MSA Global LLC (Oman) v Engineering Projects (India) Ltd)

Arbitration analysis: This dispute is a rare case of two competing court interventions in relation to an arbitration. A non-seat court in Delhi decided to exercise certain supervisory functions by issuing an anti-arbitration injunction. The seat court in Singapore disagreed that the non-seat court had the jurisdiction to do so, and also issued an anti-suit injunction. EPIL (the contractor) sought to set aside a Singapore-seated partial award in the Singapore High Court. The Singapore High Court (as the seat court) dismissed EPIL’s setting aside application, and its attempt to introduce apparent bias of an arbitrator as an additional ground for setting aside. While EPIL brought another challenge application against the same arbitrator in Singapore, it has commenced proceedings in the Delhi Court also to challenge the arbitrator, and to enjoin the counterparty (MSA, the sub-contractor) from continuing with the Arbitration. The Singapore Court first granted an interim anti-suit injunction for the Delhi Proceedings. But the Delhi Proceedings carried on, and led to an interim anti-arbitration injunction by the Delhi Proceedings. The Singapore Court in its judgment granted a permanent anti-suit injunction against EPIL in relation to the Delhi Proceedings, finding also that the Delhi Court had no power to intervene in the Arbitration. Written by Violet Huang, counsel at Colin Seow Chambers.

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