LOMBARD-KNIGHT AND ANOTHER V RAINSTORM PICTURES INC

[2014] EWCA Civ 356, Court of Appeal, Lord Justice Tomlinson, Lord Justice Ryder and Lord Justice Christopher Clarke, 27 March 2014

Arbitration - Enforcement of award - New York Convention - Procedural requirements - Arbitration Act 1996, sections 102 and 103

Section 102(1) of the Arbitration Act 1996 states that: “ A party seeking the recognition or enforcement of a New York Convention award must produce – (a) the duly authenticated original award or a duly certified copy of it, and (b) the original arbitration agreement or a duly certified copy of it”. In the present case the applicant produced a photocopy of the arbitration agreement supported by a Statement of Truth signed by a senior executive of the applicant and stating that he believed the facts stated in the particulars of claim to be true and that he was authorised by the applicant to sign the Statement of Truth. That was held by the Court of Appeal to be enough to satisfy section 102(1)(b): the subsection did not require independent certification; the issue of the validity of the arbitration clause did not fall to be determined under section 102 but rather in a substantive challenge to enforcement under section 103; and subsection 102(1)(b) did not refer to an authenticated copy, just a certified copy.