Section 103: Refusal of recognition or enforcement.

Arbitration Act 1996 · 1996 c. 23View on legislation.gov.uk

Part III: Recognition and enforcement of certain foreign awards

Recognition or enforcement of a New York Convention award shall not be refused except in the following cases.

Recognition or enforcement of the award may be refused if the person against whom it is invoked proves—

that a party to the arbitration agreement was (under the law applicable to him) under some incapacity;
that the arbitration agreement was not valid under the law to which the parties subjected it or, failing any indication thereon, under the law of the country where the award was made;
that he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case;
that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration (but see subsection (4));
that the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, with the law of the country in which the arbitration took place;
that the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.

Recognition or enforcement of the award may also be refused if the award is in respect of a matter which is not capable of settlement by arbitration, or if it would be contrary to public policy to recognise or enforce the award.

An award which contains decisions on matters not submitted to arbitration may be recognised or enforced to the extent that it contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.