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...

Recognition, enforcement and execution of arbitral awards in Guernsey: domestic, New York Convention and Foreign Awards, refusal grounds, Royal Court procedure, and post-judgment enforcement methods

Published by a LexisNexis Arbitration expert

Practice notes

Introduction to the Enforcement regime in Guernsey

Guernsey’s system for recognising and enforcing arbitral awards rests on statute. The Arbitration (Guernsey) Law 2016 (the 2016 Law) refreshed the island’s arbitration framework to mirror best-practice jurisdictions, whereas the Arbitration (Guernsey) Law 1982 (the 1982 Law) governs domestic arbitral proceedings and the enforcement of awards (covering domestic, foreign and New York Convention Awards). The Royal Court has additionally promulgated the Royal Court (Arbitration) (Guernsey) Rules 1983 (the Rules), which prescribe the procedure for applications brought under the arbitration legislation. Guernsey is a contracting party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), whose territorial application was extended to the Island in 1985. Under the 2016 Law, recognition and enforcement of awards issued pursuant to an Arbitration agreement in the Territory of a state that is a New York Convention member (New York Convention Awards) is now embedded in Guernsey law, while the 1982 Law continues to cater for recognition and enforcement of awards made pursuant to an arbitration agreement to which the Execution of Foreign Arbitral Awards, 26 September 1927 and the Protocol on Arbitration Clauses, 24 September 1923, apply within Guernsey’s statutory framework...

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Mathew Newman

Ogier

Mathew leads Ogier's Dispute Resolution team in Guernsey, and is also global head of the firm's multi-disciplinary Restructuring and Insolvency practice. His practice encompasses commercial and financial dispute resolution, with a special focus on contentious insolvency and restructuring and regulatory matters, schemes of arrangement, shareholder disputes and matters involving investment schemes. Mathew also has considerable experience in relation to more general commercial disputes involving financial services businesses, Guernsey trusts and large scale construction claims.Mathew qualified as an advocate of the Royal Court of Guernsey in February 2011, where he appears regularly on complex commercial and trusts disputes and insolvency/restructuring matters. In particular, Mathew frequently acts for trustees and beneficiaries in both hostile and administrative trusts proceedings, as well as for insolvency office holders and economic stakeholders in contentious cases involving distressed or insolvent structures, especially in cases of fraud and asset tracing. He also has...

Michael Rogers

Ogier

Michael is an advocate and managing associate in Ogier's Dispute Resolution team in Guernsey. His practice has a particular focus on corporate insolvency and restructuring, trusts disputes, fraud and asset tracing claims, regulatory investigations and fund disputes. He has practised in Guernsey for more than a decade and in that time has advised insolvency practitioners, financial institutions, trustees and fund managers in a variety of complex and high value disputes. Michael has practised in Guernsey since 2012 and in that time he has advised fund managers, trustees and beneficiaries, leading financial institutions, insolvency practitioners and ultra-high-net worth individuals. Many of those cases have involved complex high-value disputes often with a multi-jurisdictional element. He has gained substantial experience of the complex procedure of the Royal Court of Guernsey and regularly advises on an array of interim matters including applications for service out of the...

Web page updated on 22/05/2026

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