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Chapter 19 - English Enforcement of English Awards

from PART II - ARBITRATION

Published online by Cambridge University Press:  13 December 2017

Neil H. Andrews
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Summary

The Court of Appeal in National Ability SA v. Tinna Oils & Chemicals Ltd (‘The Amazon Reefer’) (2009)1 noted that there are two ways in which an English arbitration award can be enforced by an English court. The first is the (historically) Common Law route (now recognised by statute), which involves suing in a court on the arbitration award. The second is a statutory mechanism, involving two steps: (i) an application for the award to be converted into a court judgment and (ii) applying the methods of enforcement applicable to court judgments. The court in that case held that it would be unacceptable for the law of limitation to differ in this respect. And so it held that the six year rule should apply uniformly to both these modes of enforcement (on this aspect 8.105, vol I).

In ‘The Amazon Reefer’ (2009), Thomas LJ explained these two modes of enforcement as follows:

‘Enforcement of an award by action is by an ordinary action brought in the High Court. The procedure is not subject to any statutory provision, but it has long been established at common law as an action founded upon the implied promise to pay the award. It is given statutory recognition in s66(4) of the Arbitration Act 1996 (England and Wales). Enforcement of the award in the same manner as a judgment is a statutory process. Section 66 of the Arbitration Act 1996 provides: “(1) An award made by the tribunal pursuant to an arbitration agreement may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect. (2) Where leave is so given, judgment may be entered in terms of the award.”’

Also in ‘The Amazon Reefer’ (2009), Thomas LJ said:

‘The procedure for enforcement by action is little used in practice. For many years it has been the practice of parties who seek to use the enforcement mechanism of the court in England and Wales to use the procedure under section 66 of the Arbitration Act 1996 to enforce an award. The procedure is straightforward.

Type
Chapter
Information
Andrews on Civil Processes
Arbitration and Mediation
 , pp. 373 - 376
Publisher: Intersentia
Print publication year: 2013

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