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 Arbitral Awards in England and Wales: Procedure, Defences, Declaratory Relief and State Immunity under the Arbitration Act 1996 and New York Convention

Published by a LexisNexis Arbitration expert

Practice notes

Note: elements of the guidance in this Practice Note were derived in part from material first prepared in collaboration with Professor Robert Merkin and CMS. This Practice Note also contains further practical guidance kindly contributed by Richard Power of Clyde & Co LLP and has been substantially maintained by Jeremy Mash, Partner, CMS.

Scope of this Practice Note

This Practice Note addresses the recognition and Enforcement of arbitral awards in England and Wales (England and English are employed as convenient shorthand in this Practice Note for ease of reference).

Such awards include:

awards issued where the legal seat of the arbitration was England, and
foreign awards, ie awards rendered with the seat of the arbitration located in a jurisdiction other than England

Foreign awards include:

New York Convention awards, ie awards issued where the seat of the arbitration lay in states that have formally adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The UK ratified the New York Convention and it took effect for the UK on 23 December 1975—see Practice Note: The New York Convention—the recognition and enforcement of arbitral awards—an introduction for further general guidance and information on the New York...

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Jeremy Mash

CMS

Jeremy has been a partner in Olswang's London office since 2006. He specialises in commercial dispute resolution, including litigation and international arbitration. He focuses on disputes in the technology and finance sectors, combining a depth of experience in banking (derivatives, structured finance, syndicated lending), IT/telecoms (software design/development, licensing, systems implementation, outsourcing), M&A, joint venture and shareholder disputes, tax disputes and professional negligence....

Web page updated on 21/05/2026

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