13 October 2011
BD Shipsnavo GmbH & Co Reederei KG v African Fertilizers and Chemicals NIG Ltd (Nigeria) [2011] EWHC 2452 (Comm), [2011] All ER (D) 03 (Oct)
It was established law that the court might grant a declaration as to the validity of an award on an action on the award as one of the usual range of remedies available to it, as in any action for breach of contract. There was also jurisdiction for the enforcement of a declaratory judgment by the issue of a writ of sequestration pursuant to the inherent power of the court to see that its orders were carried out.
Provided that the terms of an award were sufficiently clear, there was no reason why a declaratory award could not be enforced under s 66 of the Arbitration Act 1996.
