Enforcement of Arbitral awards can be vitally important if an Award has been made in your favour but remains unpaid. Our brilliant team At FWJ can help you get your award enforced
If you have an arbitral award that the other side refuses to comply with, you may need to apply to Court to enforce it.
One of the benefits of obtaining an award instead of a judgment in a domestic Court, is that there exists a comprehensive regime of enforcement.
- As of 2021, there are 167 state parties, who have signed up to the New York Convention 1958;
- this is a reciprocal convention which recognises and the enforcement of foreign arbitral awards.
How to enforce an Arbitration Award
Francis Wilks & Jones can assist you in making an application to enforce the award in England and Wales. The application is made on a ‘without notice’ basis meaning that the opponents will only find out about the application after it has been made.
We will assist you by:
- drafting the application notice,
- drafting the written evidence that will be required to support the application and
- preparing the draft order stating that you have permission to enforce the award.
To begin this process for you, we will need to review copies of the relevant arbitration agreement, as well as the award.
Possible defences against enforcement of Arbitration Awards
It is also important to appreciate that there are a number of defences available to parties against enforcement. These will need to be carefully considered prior to an application being issued so that you are aware of the likely merits and risks of the application.
- if the award concerns parties whose countries are contracted to the 1958 New York Convention, Article V contains a carve out provision that recognition and enforcement may be refused.
- One of the common defences that we see deployed in enforcement proceedings is where parties to an arbitration agreement was under some incapacity, or that the agreement is invalid under the English and Welsh law.
Please note that there is a limitation date for a claim to be submitted and so, it is important that you act promptly and contact us as soon as possible if you wish to enforce an award.
Whatever your Arbitration enquiry – our team has the expertise to help. FWJ are experienced in helping clients from all over the world resolving their Arbitration disputes and where necessary, deal with enforcement of Arbitration awards. Don’t Delay – call our team of experts today.