An interim arbitral award in the form of declarations cannot be enforced under s 33 of the Commercial Arbitration Act 1984 (NSW) because declarations do not give rise to any question of 'enforcement' — enforcement requires a material benefit to be obtained. The grant of leave under s 33 is discretionary, not as of right. The first question on any s 33 application must be what is desired by way of enforcement, and only when that is satisfactorily answered can the court sensibly consider whether leave should be granted.
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