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26 June 2015 / Nicole Finlayson , Clare Arthurs , Richard Marshall
Issue: 7658 / Categories: Features , Profession , ADR
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Arbitration challenge: Pt 4

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In their final update, Richard Marshall , Nicole Finlayson & Clare Arthurs discuss the enforcement of an arbitration award

In this four-part series of articles we have looked at various ways of challenging arbitration awards in the courts under the Arbitration Act 1996 (AA 1996) (see “Arbitration challenge: Pt 1”, 164 NLJ 7623 p 25, “Arbitration challenge: Pt 2”, 164 NLJ 7628 p 35, and “Arbitration challenge: Pt 3”, NLJ, 16 March 2015, p 20). This final article looks at how you can enforce the award, once you have successfully defeated any challenges to it.

Methods of enforcement

A considerable advantage of international arbitration over litigation is the existence of a wide-reaching enforcement regime for foreign arbitration awards: the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (NYC). One hundred and fifty-six countries are signatories to the NYC, each agreeing to recognise and enforce awards made in the territories of the other signatory states (although inevitably with certain reservations for some). The UK is a signatory and has enacted the NYC into domestic

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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