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Enforcement of domestic awards: consent awards

Arbitration Law Monthly

Enforcement of domestic awards: consent awards

The questions before Foxton J in A v B [2020] EWHC 2790 (Comm); [2021] Lloyd's Rep Plus 10 were whether the defendant was in breach of a Settlement Agreement and Consent Award and, if so, whether it had been varied by the conduct of the parties thereafter. The jurisdiction of the court to determine those issues on an application under section 66 of the Arbitration Act 1996 for summary enforcement did not arise on the facts, as the jurisdiction was not contested, but the judgment nevertheless considers the issues and makes some important point about the effect of consent awards.

A v B : the facts

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