ABSTRACT
Voluntary compliance or successful enforcement of an award is the ultimate goal of a claimant. The knowledge that the latter is available as the ultimate sanction can assist in the former. Some parties do, however, seek to resist enforcement. There are two principal ways of enforcing awards under the 1996 Act:
First, under section 66 of the 1996 Act. Arbitral awards made both in the United Kingdom, i.e. domestic awards, and those made where the seat is outside the jurisdiction can be enforced under this section. 1 No prior recognition is necessary. Enforcement is discretionary, but will rarely be refused.
Secondly, under sections 100–103 of the 1996 Act. These provisions mirror the New York Convention. They do not apply to an award made in the United Kingdom. Most countries involved in international commercial activities have now signed the New York Convention. 2 If an award is to be enforced against assets in England it must first be recognised. Recognition and enforcement is mandatory unless the party against whom enforcement is sought can bring itself within one of the narrow exceptions.
