Q&As

How do I apply to the English court for permission to appeal an order setting aside an order granting enforcement of a New York Convention award?

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Produced in partnership with Dr Ewelina Kajowska of Norton Rose Fulbright
Published on: 08 October 2021
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Such an application for permission to appeal is to be made under CPR 52 and CPR PD 52C to the Court of Appeal, Civil Division by way of an Appellant’s Notice (Form N161) lodged at court within 21 days (or such other period as the court might direct) of the decision being appealed being made.

By way of context, the relevant procedural steps preceding such an application are, typically, as follows:

  1. •

    the relevant New York Convention arbitration award is issued by the tribunal (the Arbitration Award)

  2. •

    the Arbitration Award is not satisfied by the award debtor giving rise to a need for the award creditor to seek its judicial recognition, and enforcement

  3. •

    the award creditor makes an application (an arbitration claim) to the Commercial Court for permission to enforce the Arbitration Award in the same manner as a judgment

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Jurisdiction(s):
United Kingdom
Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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