Shipping Law

Page 409


Security and Interim Relief

Security and Interim Relief

Page 410

A claimant who has obtained a final judgment from the English High Court or a final English arbitration award will be able to enforce it against assets of the defendant within the jurisdiction in accordance with the provisions of Rules of the Supreme Court (RSC) Orders 45 and 46, which are retained in Sched 1 to the Civil Procedure Rules (CPR).1 Enforcement in foreign jurisdictions will depend upon the existence of reciprocal arrangements between that country and the UK, relating to the mutual recognition of and enforcement of judgments. Where enforcement is sought before the courts of another Member State under the Judgments Regulation, the matter is governed by Chapter III thereof. Where enforcement is sought in a state that is not a Member State under the Judgments Regulation, the matter is governed either by the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933.2 Where the claimant seeks to enforce an English arbitration award abroad, the matter is governed by the New York Convention 1958, the provisions of which are implemented by the Arbitration Act 1996.3

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