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Day 17 of Signature’s Slide Show series – How to enforce an insufficiently clear arbitral award in England

By Signature Litigation
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Signature Litigation

On 22 April 2020, the High Court firmly indicated that an insufficiently clear award could not be enforced by withdrawing an enforcement order.

The situation was the following: the succumbing party had to pay a principal amount and interest, excepted if the principal was paid on time. The debtor was late to pay but argued that the creditor had offered the possibility to do so considering compliance constraints induced by the transfer of the amounts. This ambiguity led the High court to decide in its A v B [2020] EWHC 952 (Comm) decision that the enforcement order had to be withdrawn as it was necessary to issue a new decision on the payment of interest obligation.

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