Key takeaway
Challenging an arbitral award in England and Wales is difficult for an applicant. The pro-arbitration regime adopted in this jurisdiction ensures that only serious mistakes as to the tribunal’s jurisdiction, procedure, and application of English law result in setting aside an award. However, the same pro-arbitration approach helps achieve recognition and enforcement. English courts are likely to recognise and enforce both domestic and international awards.
Therefore, parties to arbitration with assets in the United Kingdom should be aware that they are at risk of enforcement in case a tribunal decides against them. A challenge to such an award will be successful in very limited circumstances.
