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...

Hong Kong enforcement of New York Convention arbitral awards: grounds to resist recognition, stays of execution and costs

Published by a LexisNexis Arbitration expert

Practice notes

ARCHIVED

This Practice Note has been archived and is no longer maintained. It addresses the potential bases for refusing recognition and Enforcement of New York Convention arbitral Awards under Hong Kong Law. It should be read alongside Practice Note: Hong Kong—enforcement—New York Convention Arbitration awards—procedure, together with the other ‘Related documents’...

Refusal of enforcement of a New York Convention awards in Hong Kong

Enforcement of an award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) may only be declined in the specific circumstances set out in section 89(2) of the Arbitration Ordinance, Chapter 609 (AO). The onus of proving any ground for non-enforcement rests with the defendant. These grounds are exhaustive, yet the court retains a residual discretion to permit enforcement even where a ground is established. There is a strong presumption that leave will be granted in favour of enforcing New York Convention awards. Objections are not to be applied rigidly, and the court’s residual discretion empowers it to secure a just outcome in the overall circumstances. The courts accept that the spirit of the AO is...

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Web page updated on 21/05/2026

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