Won the Arbitration but Can't Get the Money? A Thai Company Chases the Lao Government for an Award—How Does the English Court Test Apply?

赢了仲裁，钱却拿不到？一家泰国公司追着老挝政府要裁决，英国法院这关怎么过

ຊະນະການອະນຸຍາໂຕຕຸລາການ, ແຕ່ບໍ່ໄດ້ເງິນ? ບໍລິສັດໄທແຫ່ງໜຶ່ງໄລ່ຕິດຕາມລັດຖະບານລາວເພື່ອຂໍຄຳຕັດສິນ, ສານອັງກິດຈະຜ່ານດ່ານນີ້ໄດ້ແນວໃດ

Published: 2026-09-19 · LaoPaniti legal guides

Introduction: Holding a Winning Award, but Stuck at the "Recognition" Stage

A certain company (a Thai enterprise) was doing timber business in Laos, later became involved in a Dispute with the Lao government, and pursued international Investment Arbitration. The arbitral tribunal ruled in favor of the company, ordering the Lao government to pay compensation. But after obtaining the Arbitral Award, the money was not received for a long time. The company then turned to the English Court, seeking recognition and Enforcement of this Arbitral Award.

The case went all the way to the English High Court, Commercial Court, and a Judgment was issued in 2012.

What Is the English Court Reviewing?

What the English Court had to deal with was not the substantive issue of "whether the Lao government should pay compensation," but rather—whether this foreign Arbitral Award should be recognized and enforced in England.

Under the relevant provisions of the English Arbitration Act 1996 and the UNCITRAL Model Law, the Court will review whether the Arbitration proceedings were in Compliance, whether the award is valid, and whether there are grounds for refusing recognition.

In other words, winning the Arbitration is only the first half; whether the award can be enforced across borders is the second half.

Outcome: The Judgment Result Is Unknown, but the Lessons Are Tangible

Because the full text of the Judgment could not be obtained, the specific outcome is unknown. However, reviewing this case, there are several points worth noting for friends doing business in Laos:

First, the seat of arbitration and the place of Enforcement must be considered in advance. If you invest in Laos, the seat of arbitration chosen in the Contract and the location of the counterparty's assets directly determine whether the award can be enforced.

Second, the award is not the end. After obtaining the award, you must research in which country the counterparty's assets are located and whether the courts of that country will recognize this award.

Third, procedural Compliance is the lifeline. If there are flaws in the Arbitration proceedings, Enforcement may be blocked.

Closing CTA

Doing business in Laos, how to draft the Dispute Resolution Terms in a Contract and how to enforce an Arbitral Award are often more critical than the business itself. If you are facing similar issues, you might visit 老法智 LaoPaniti to ask AI for free and clarify the path first.

This article is compiled by 老法智 LaoPaniti for reference only and does not constitute legal advice.

FAQ

Can a foreign Arbitral Award be directly enforced in England?

It cannot be directly enforced. An application must be made to the English Court for recognition and Enforcement, and the Court will review it in accordance with the relevant provisions of the English Arbitration Act 1996 and the UNCITRAL Model Law.

Who ultimately won this case?

Because the full text of the Judgment could not be obtained, the specific outcome is unknown, and this article makes no speculation about the result.

When signing a Contract in Laos, what should be noted in the Dispute Resolution Terms?

Consider in advance the seat of arbitration, the applicable Law, and the location of the counterparty's assets. These factors directly affect whether the award can actually be enforced. It is advisable to consult a professional legal practitioner.

Legal basis

《英国1996年仲裁法》
《UNCITRAL示范法》

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