Enforcing Arbitration Awards With Final Charging Orders: Vantage Mezzanine Fund II V Bitature

Key takeaway

The High Court in Vantage Mezzanine Fund II v Bitature granted a final charging order over UK property to assist in the enforcement of an arbitration award arising from Ugandan proceedings. The decision demonstrates that final charging orders are an effective enforcement mechanism for judgment creditors seeking to enforce arbitration awards.

The Court noted that a final charging order provides judgment creditors with security for the judgment debt and enables enforcement, whereas a freezing injunction merely restrains the debtor from disposing of their leasehold interest in the property. The Court also confirmed that judgment creditors with an enforceable judgment in this jurisdiction should be able to enforce it against a defendant's assets within the same jurisdiction.