Enforcement Of Foreign Arbitral Awards In Jersey

This briefing explains how foreign arbitral awards may be enforced in Jersey.

Jersey has its own legal system and is a separate jurisdiction from that of England and Wales, although the United Kingdom retains a role in relation to Jersey's international affairs.

Enforcement of foreign arbitral awards in Jersey is principally governed by the Arbitration (Jersey) Law 1998, as amended ("Arbitration Law"). The requirements for such enforcement depend on where the award was made. As well as enforcement, relevant awards may also be relied upon in legal proceedings in Jersey.

Awards from the International Centre for the Settlement of Investment Disputes ("ICSID") arising from disputes between states and nationals of other states are subject to a separate registration regime.

Convention awards

Awards made pursuant to an arbitration agreement in the territory of a state which is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 are defined as "Convention awards" and are enforceable under Part 4 of the Arbitration Law.

There are over 150 parties to the New York Convention and it was extended to Jersey in 2002.

A Convention award is enforceable in Jersey in one of two ways:1

(i) by action - in other words, by issuing fresh proceedings based on the award and seeking a judgment from the Jersey court giving the same relief as is granted by the award; or (ii) by following the same summary procedure that applies to the enforcement of a domestic award - with the leave of the Jersey Court on an application made ex parte, it may be enforced in the same manner as a Jersey judgment or order to the same effect, and the Jersey Court will specify the manner of enforcement.2

Moreover, a Convention award will be treated as binding on the parties to it for all purposes, and may accordingly also be relied on by way of defence, set off or otherwise in any legal proceedings in Jersey.

The party seeking to enforce or rely upon a Convention award must produce the following:

the duly authenticated original award or a duly certified copy of it; the original arbitration agreement or a duly certified copy of it;3 and where the award or agreement is in a foreign language, a translation of it certified by an official or sworn translator or by a diplomatic or consular agent. There is a strong presumption in favour of enforcement of Convention awards. Enforcement of a Convention award shall not be refused except in the cases...