Australian courts take a uniform approach to interpretation of the Model Law

In Cameron Australasia Pty Ltd v AED Oil Limited,[1] the Supreme Court of Victoria refused to set aside a domestic arbitral award on the basis that the applicant was unable to present its case and was denied procedural fairness. The full judgment can be found here. In this decision, the Court relied on international jurisprudence … Read more

New South Wales Supreme Court orders partial enforcement of foreign arbitral award where breach of natural justice found in relation to one claim

In William Hare UAE LLC v Aircraft Support Industries Pty Ltd [2014] NSWSC 1403, the plaintiff, a company incorporated in Abu Dhabi, sought enforcement of a foreign arbitral award under the International Arbitration Act 1974 (Cth).  The enforcement was challenged by the defendant on grounds that a breach of public policy occurred in connection with … Read more

Australian Court upholds primacy of the arbitral fact finding process

On 16 July 2014, the Full Federal Court of Australia handed down its reasons for dismissing TCL Air Conditioner (Zhongshan) Co Ltd’s (TCL) appeal[1] from the Court’s decision in in Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 2).[2] The decision clarifies the circumstances in which an arbitral award will be … Read more

The importance of getting the arbitration clause right

Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v BBCG), has highlighted the importance of parties carefully tailoring the arbitration and jurisdiction clauses in their agreements to reflect their particular circumstances. A failure to do so may have implications … Read more