Resisting enforcement of a New York Convention award under the English Arbitration Act 1996: case study | Practical Law

Resisting enforcement of a New York Convention award under the English Arbitration Act 1996: case study | Practical Law

A case study based on the procedure, under the English Arbitration Act 1996 (AA 1996), for resisting enforcement of a New York Convention award. The case study consists of an application notice, witness statement and draft order, each with accompanying drafting notes.

Resisting enforcement of a New York Convention award under the English Arbitration Act 1996: case study

Maintained, England, Wales
A case study based on the procedure, under the English Arbitration Act 1996 (AA 1996), for resisting enforcement of a New York Convention award. The case study consists of an application notice, witness statement and draft order, each with accompanying drafting notes.
The factual scenario is the same as that in Application to enforce a New York Convention award under section 101 English Arbitration Act 1996: case study and proceeds from the point where the award creditor has obtained an order, on a without notice basis, granting permission to enforce the award. As it wishes to resist enforcement, the award debtor must now apply to the English court to set aside that order.