Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Recognition and enforcement of domestic and foreign arbitral awards in New Zealand: procedure, courts, documentation, defences (Art 36), emergency arbitrators, and the courts’ pro-enforcement approach

Published by a LexisNexis Arbitration expert

Practice notes

Recognition and Enforcement of both New Zealand and foreign arbitral awards in New Zealand

In New Zealand, the recognition and enforcement of domestic and overseas arbitral awards is governed by the Arbitration Act 1996 (the Act), Sch 1, arts 35 and 36. Those provisions effectively incorporate the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) into New Zealand law. Under this framework, a New Zealand court must treat an arbitral award as binding, regardless of the country in which it was made. As a result, awards issued abroad are recognised and can be enforced in New Zealand. Recognition of a foreign award follows automatically from art 35 and does not require the award to be entered as a judgment of the New Zealand court. Therefore, where a party seeks to defend fresh proceedings by relying on a cause of action or issue Estoppel arising from an earlier arbitral award, it may simply plead recognition of that award in the new proceedings...

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Polly Pope

Bankside Chambers

Polly is a leading New Zealand commercial barrister. Her practice spans construction, insolvency, class action, property, company and commercial disputes. She is a Fellow of the Chartered Institute of Arbitrators (UK) and of the Arbitrators and Mediators Institute of New Zealand, a recipient of the Sir Ronald Davison Award for excellence in arbitral award writing, and a member of AMINZ's Arbitration Appeals Tribunal....

Nadia Murray-Ragg

Bankside Chambers

Nadia is an employed barrister at Bankside Chambers based in Auckland, New Zealand. Her practice focuses on commercial litigation, arbitration (domestic and international) and public law claims. In New Zealand, she has appeared in the Supreme Court, High Court, District Court and arbitral tribunals. She has represented clients in the Building Disputes Tribunal and at mediation.Before joining Bankside Chambers, Nadia worked in legal research as a Judge’s Clerk in the High Court at Wellington for two years. While at university, Nadia worked for the law school as a researcher and as an editor of the Victoria University of Wellington Law Review, New Zealand Women’s Law Journal, and Public Interest Law Journal of New Zealand. Nadia has published in the New Zealand Women’s Law Journal and is an Associate Editor there. She has presented on evidence admissibility laws at the Law and Gender: Beyond...

Amelia Cina

Russell McVeagh

Amelia is a Senior Solicitor in the Russell McVeagh litigation team and has acted for clients on a broad range of public and commercial disputes. Amelia has also taught courses on legal writing and mooting as a Teaching Fellow at Victoria University of Wellington. Prior to commencing private practice Amelia clerked for Justice Cooke at the New Zealand High Court and worked as a research assistant to Professor Campbell McLachlan KC providing research support for his book on systematic integration in international law and Dicey Morris and Collins on the Conflict of Laws....

Web page updated on 22/05/2026

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