11
Arbitration

An arbitration award usually arises out of a contract to submit a dispute to settlement by arbitration. Such an award has not the same effect in English law as a judgment, and if it requires enforcement the assistance of a court is needed. An English arbitration award (i.e. one made in England, whoever is the arbitrator) may be enforced by an action in the courts, or by summary procedure under the Arbitration Act 1996, section 66, by an originating summons made ex parte asking for leave of the court.

A foreign arbitration award (i.e. any award made in a foreign country)1 can be enforced in England in several different ways: (a) at common law, by securing an English judgment; (b) if the award is within the Geneva Convention (1927) and the Protocol on Arbitration Clauses (1923) – for which provision is made by Part II of the Arbitration Act 19502 – or is within the New York Convention (1958), enacted into law by the Arbitration Act 1996, Part III (ss. 100–4),3 either by action at common law or under the 1996 Act, section 66; (c) even if it is not within these statutory provisions, under section 66;4 (d) if it has been made enforceable by a foreign judgment, by an action on the judgment; (e) if it was made in a country to which the Administration of Justice Act 1920, Part II, or the Foreign Judgments (Reciprocal Enforcement) Act 1933 extends, as if it were a judgment rendered by a court in that country;5 (f) if it was made in another part of the United Kingdom and enforceable there as a judgment, it is enforceable by registration in England.6 179

____________________
1
Even though not rendered under the law of such country: Dallal v. Bank Mellat [1986] QB 441.
2
See p. 182 below.
3
See pp. 182–5 below, where the relationship between the Conventions and the Acts is mentioned.
4
Dalmia Cement Ltd v. National Bank of Pakistan [1975] QB 9.
5
For these Acts see pp. 127–8 above. If the award falls within the 1933 Act the claimant can only enforce the award by registration under the Act, and cannot bring any other proceedings for enforcement. In other cases, he has the option of proceeding in the ways mentioned in (a) to (d).
6
Civil Jurisdiction and Judgments Act 1982, s. 18(2)(e), Schedules 6 and 7: see pp. 174– 5 above.

-179-

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Conflict of Laws
Table of contents

Table of contents

  • Title Page *
  • Contents v
  • Preface to the Third Edition vii
  • Table of Statutes viii
  • Table of Cases xxiv
  • Part I - General Principles 1
  • 1 - Introduction 3
  • 2 - Characteristics of the English 8
  • 3 - Choice of Law Rules 11
  • 4 - Proof of Foreign Law 33
  • 5 - Domicile and Residence 37
  • 6 - Substance and Procedure 60
  • Part II - Jurisdiction and Foreign Judgments 69
  • 7 - Jurisdiction of the English Courts 71
  • 8 - Staying of English Actions and Restraint of Foreign Proceedings 84
  • 9 - Foreign Judgments 109
  • 10 - Jurisdiction and Judgments in the European Union and Efta 131
  • 11 - Arbitration 179
  • Part III - Law of Obligations 187
  • 12 - Contract 189
  • 13 - Tort 220
  • Part IV - Property and Succession 241
  • 14 - Property Inter Vivos 243
  • 15 - Succession 268
  • 16 - Matrimonial Property Relations 277
  • 17 - Trusts 286
  • Part V - Family Law 293
  • 18 - Marriage 295
  • 19 - Matrimonial Causes 319
  • 20 - Children 334
  • Part VI - Exclusion of Foreign Laws 359
  • 21 - Public Policy 361
  • Part VII - Theoretical Considerations 375
  • 22 - Reasons for and Basis of the Conflict of Laws 377
  • 23 - Public International Law and the Conflict of Laws 386
  • Index 395
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