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 recognition and enforcement of non-New York Convention and non-Mainland China arbitral awards: procedure, requirements and refusal grounds under the Arbitration Ordinance (Cap. 609) [Archived]

Published by a LexisNexis Arbitration expert

Practice notes

ARCHIVED: This Practice Note is archived and not maintained

An introduction to the recognition and Enforcement of non-New York Convention and non-Mainland China awards

Enforcement of arbitral awards:

arising from arbitrations seated in Hong Kong
falling outside the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (i.e. non-New York Convention awards), and
non-Mainland awards rendered either within or beyond Hong Kong

are all governed by, and subject to the same enforcement regime under, the Arbitration Ordinance, Chapter 609 (AO).

Relevant AO provisions

Any award issued by an arbitral tribunal, whether made in or outside Hong Kong, is enforceable in the same way as a judgment of the High Court’s Court of First Instance with equivalent effect, but only with the court’s leave.

This is qualified by the court’s discretion to refuse leave to enforce an award made by the arbitral tribunal (which includes the arbitrator who is being challenged) during the period when a request is before the court for a decision on a challenge to an arbitrator under AO, s 26(1). If leave is granted under...

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Web page updated on 21/05/2026

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