Originally from World Arbitration And Mediation Review (WAMR)

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COMMENT

RECENT DEVELOPMENTS IN THE
ENFORCEMENT OF INTERNATIONAL
ARBITRATION AWARDS IN ENGLAND & WALES

Lucy Greenwood*

I. INTRODUCTION

Enforcing an arbitration award in England & Wales is usually a
relatively straightforward process. Once an arbitral award is
issued, then subject to any contrary agreement by the parties or
right of challenge, the award is immediately enforceable. Clearly,
however, situations can and do arise which may complicate the
process. This comment considers three such cases in the English
courts which have addressed more unusual issues. First, the
decision of the Supreme Court in Dallah Real Estate & Tourism
Holding Co. v. Ministry of Religious Affairs, Government of Pakistan
clarified the extent to which an English court may revisit the
underlying award which a party is seeking to enforce and the
tribunal’s reasoning in relation to it.1 Second, in Gater Assets
Limited v. Nak Naftogaz Ukrainiy, the Court of Appeal dealt with
the issue of whether security for costs could or should be
available in enforcement actions in England & Wales.2 Finally, in
National Ability SA v. Tinna Oils & Chemicals Ltd the Court of
Appeal considered the question of time limits within which
awards may be enforced.3 This comment begins with a short
overview of the procedural steps necessary to enforce an
arbitration award in England & Wales and then discusses the
three selected cases in turn.