Jurisdiction(s):
United Kingdom

AZ v BY: Enforceability and res judicata confined to dispositive; tribunal’s jurisdiction revived post-award by tripartite agreement (Arbitration Act 1996, England and Wales)

Published on: 14 October 2024

Published by a LexisNexis Arbitration expert

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Article summary

AZ v BY [2024] EWHC 1847 (Comm) What are the practical implications of this case?

This ruling is important as it confirms the finality of a tribunal’s award under the EAA 1996. Flowing from the court’s findings, it is the dispositive portion of the award that generates a res judicata effect. All remedies, including orders, that the tribunal intends to grant must expressly appear in the dispositive section of the award in order to benefit from enforcement proceedings before the English courts. Any order omitted from the dispositive and found only in the reasoning, however clearly expressed, will not be treated as part of the dispositive and will, accordingly, remain unenforceable. It is, therefore, of primary importance for parties to ensure that their statement of relief, which usually provides the basis for the dispositive section of the award, is clearly articulated, listing each head of relief as separate line items. Tribunals should convert the statement of relief into explicit dispositive orders, and parties should check that nothing sought is left solely within the reasons...

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