Jurisdiction(s):
United Kingdom

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...

France: Competence-competence, challenges to arbitral jurisdiction pre- and post-award, waiver, and enforcement of arbitration anti-suit injunctions (West Tankers; Gazprom)

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note outlines France’s approach to contesting the authority of arbitral tribunals before the French courts, as well as measures relating to anti-suit injunctions in the arbitration context. Please note that the French decisions cited below are not published by LexisNexis® UK...

Challenging the jurisdiction of arbitral tribunals in France

The applicable framework varies according to whether the objection is brought prior to, or following, the making of the arbitral award...

Challenging the jurisdiction of arbitral tribunals before the arbitral award is rendered

Under French law, until an award has been issued, it falls to the arbitral tribunal to decide if it has competence to adjudicate the dispute. This is the competence-competence principle. It is commonly viewed as comprising both a positive and a negative limb. Its positive limb is embodied in article 1465 of the French Code of Civil Procedure (FCCP), which states that the arbitral tribunal alone has exclusive power to rule on challenges to its own jurisdiction...

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Nadia Darwazeh

Clyde & Co LLP

Nadia Darwazeh is a Partner and Head of Arbitration of Clyde & Co's Paris office. Nadia has extensive experience acting as counsel in commercial and investor-state arbitrations. She also regularly and sits as arbitrator. Before joining Clyde & Co, Nadia practiced for two decades in the International Arbitration Groups of leading international law firms in Paris, Shanghai, Frankfurt and London and as Counsel at the ICC, where she headed up the Europe, Middle East and Africa team. Nadia is dual-qualified in England & Wales (Solicitor-Advocate) and Germany (Rechtsanwältin). She earned her LLM in International Public Law from the University of Cambridge and her LLB from the University of Warwick. She conducts arbitrations in French, German and English and speaks Dutch and Mandarin Chinese....

Rémi Sassine

Clyde & Co LLP

Rémi Sassine is an associate in international arbitration at Clyde & Co’s Paris office. His practice focuses on commercial and investment arbitration, as well as cross-border litigation. Rémi is admitted to the Paris Bar. He holds a Master's degree in Global Business Law and Governance from the University of Paris I Pantheon Sorbonne and the University of Melbourne, as well as a Master's degree in Private International Law from the University of Paris II Pantheon-Assas.”...

Web page updated on 21/05/2026

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