AWARD ENFORCEMENT ORDERS FROM THE ENGLISH COURTS: DISPUTED FACTUAL ISSUES

Earlier this year, the English High Court handed down a judgment (A v B [2020] EWHC 952 (Comm)) delivering a stern warning to claimants who were considering the enforcement of an arbitration award which did not establish a clear “right to payment” (see our previous blog post in connection with that decision.) In brief, the claimant’s leave to enforce a tribunal award was set aside on grounds that there was a triable issue of fact in respect to whether the acceleration provisions of the consent award had been triggered for the amount claimed. As a result, the court gave directions for a fresh hearing to hear disputed factual issues and to determine whether or not permission to enforce the award should be given.

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