Enforcing an English award

Section 66 of the Arbitration Act 1996 makes provision for the summary enforcement of arbitration awards. Colliers International Property Consultants v Colliers Jordan Lee Jafaar Sdn Bhd [2008] EWHC 1524 (Comm) discusses the procedural aspects of enforcement where the respondent is domiciled outside the jurisdiction. Mr Justice Beatson in this case gave detailed consideration to the requirements of Part 62 of the Civil Procedure Rules.

Colliers: the facts

A dispute between the parties, CIPC and CJL, resulted in an ICC final arbitration award in May 2006 ordering the payment of damages to CIPC. There had been an earlier partial award in January 2006, holding that CIPC had lawfully terminated the agreement between the parties. On 18 December 2007, Mr Justice Cresswell made an order without notice that the award be entered as a judgment in terms of the award under s66 of the Arbitration Act 1996. CJL raised a battery of procedural defences relating to the order, and in the present action sought to have the order set aside on the following grounds: the application for the order was defective; CIPC had not made adequate disclosure to Cresswell J; the form of the order was defective; and the order had not been validly served on CJL in Malaysia. In addition, CJL sought permission to challenge the award out of time on the ground that the award had been obtained as the result of a conspiracy.