THE ENFORCEMENT OF PROVISIONAL MEASURES BY TRIBUNALS AND COURTS IN ENGLAND
Dr. Shadat Ssemakula Mutyab Mohmeded - Independent Review Paper
ABSTRACT
The grant of provisional measures in England is very important, however, if such measures are not enforced then the arbitral award will not be able to be enforced. The absence of international instrument for recognition and enforcement such as the New York Convention 1958 will impede the progress of arbitration. Since arbitral provisional measures are not self executing, without support of the municipal courts, assets subject to final award will be dissipated to other forums. This article examines the enforcement of provisional measures, under the English Arbitration Act 1996, New York Convention, and Brussels regime and court support. The power to hold the recalcitrant party liable for costs and damages is derived from the broad interpretation of the arbitration contractual proximity.
