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The Arbitration (Amendment) Act 2026 (2026 Act) was signed into law on 17 June 2026. The Act is relatively short in scope and amends the Arbitration Act 2010 in order to facilitate the implementation in Ireland of certain international agreements concluded between the European Union and third countries. The changes to be introduced pursuant to the 2026 Act await commencement.
Purpose of the Act
The 2026 Act provides a legal mechanism for the recognition and enforcement in Ireland of arbitral awards made pursuant to:
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Comprehensive Economic and Trade Agreement (CETA) between the European Union and Canada; and
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Advanced Framework Agreement between the European Union and the Republic of Chile. The 2026 Act also authorises the Minister for Foreign Affairs and Trade to prescribe, by Order, additional in scope investment protection agreements to which the provisions of the Act will apply.
Enforcement
Under the 2026 Act, an award made pursuant to the relevant agreements may be enforced in Ireland by leave of the High Court. Once leave is granted, the award may be enforced in the same manner as a judgment or order of the High Court.
Limited Grounds for Refusal of Enforcement
An award will not be enforceable where its enforcement would:
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Compromise the constitutional order of the State; or
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Compromise the autonomy of the legal order of the European Union.
Appeals A decision of the High Court concerning the enforcement of an award under the Act cannot be appealed to the Court of Appeal.
However, a party may seek to appeal directly to the Supreme Court. Such an appeal will only proceed where the Supreme Court grants leave to appeal in accordance with Article 34.5.4° of the Constitution
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
