Introduction
It frequently happens in arbitrations that parties settle their
disputes before the conclusion of the arbitration proceedings.
In these circumstances it has often been the practice for the
parties to ask the arbitrator to make an award by consent setting
out the terms of the settlement between them.
The question as to whether such a practice is legally competent
and gives rise to an award that can be enforced in the normal way
recently received the attention of the Supreme Court of
Appeal1.
Arbitration awards are enforced firstly by having the award
declared to be an order of court on application to the appropriate
High Court having jurisdiction over the parties and secondly by
invoking the usual machinery for the enforcement of court orders
such as execution proceedings or even contempt proceedings.
