Excomm Ltd. v. Ahmed Abdul-Qawi Bamaodah (The St Raphael) - Court of Appeal (Sir John Donaldson M.R., Slade & Lloyd L.JJ. - 21 December 1984

Enforcement of arbitration award as a judgment - Whether arbitration agreement must be signed by the parties

Section 26 of the Arbitration Act 1950 provides for a summary method of enforcing arbitration awards. The High Court may give leave to enforce the award in the same manner as a judgment to the same effect. However, the award must be made on an “arbitration agreement”, which is defined in section 32 as “a written agreement to submit present or future differences to arbitration”. According to Commercial Arbitration by Mustill & Boyd, at page 57: