ABSTRACT

This chapter summarises the available methods of enforcing that order should the unsuccessful party fail to comply with it and focuses primarily upon enforcement of an award in England. The enforcement of London awards abroad depends, ultimately, on the effect of local law. Where the country in which enforcement is sought is party to the New York Convention, then the mechanism for enforcement will be broadly similar to that for enforcement of foreign awards in England and Wales. Although relatively uncommon in practice, non-monetary awards such as declaratory or injunctive awards are in principle enforceable. However, the court will generally be reluctant to grant enforcement of such awards where there is no positive benefit to the claimant. Enforcement proceedings were commenced pursuant to the 1996 Act, in which the reinsurers sought to recover interest on the sum awarded up to the date enforcement was ordered. The court may enforce an award made in a foreign currency.