Tag Archives: Australian International Arbitration Act 1974

Australian Court sets aside an international arbitration award and removes an arbitrator

The respondents in an international commercial arbitration were successful in the Federal Court in Australia in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law. … Continue reading

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Filed under ADR, Arbitration laws, Australia, Awards, Challenges to awards

Australian Federal Court stays winding up application to allow arbitration of underlying dispute

The Federal Court of Australia has recently held that a winding up application made in respect of a joint venture company should be stayed and the substantive underlying matters of dispute between the joint venture parties be referred to arbitration … Continue reading

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Filed under Arbitrability, Arbitration clauses, Arbitration laws, Australia, Jurisdiction, Stays, UNCITRAL Model Law

NSW Supreme Court refuses indemnity costs on successful application for referral to arbitration

Justice Hammerschlag of the New South Wales Supreme Court (the Court) has refused to award indemnity costs to parties which successfully obtained a stay of proceedings in favour of arbitration: John Holland Pty Ltd v Kellogg Brown & Root Pty … Continue reading

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Filed under Australia, Costs

Victorian courts reinforce commitment to international commercial arbitration

Giedo van der Garde BV v Sauber Motorsport AG [2015] VSC 80; Sauber Motorsport AG v Giedo van der Garde BV [2015] VSCA 37 The occasion of the Formula One Grand Prix in Melbourne in mid-March 2015 provided a further … Continue reading

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Filed under Arbitration laws, Australia, Awards

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 … Continue reading

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Filed under Australia, Challenges to awards, Enforcement, New York Convention

Federal Court of Australia dismisses challenge to enforcement of foreign arbitral awards made in London

Armada (Singapore) Pte Ltd (Under Judicial Management) v Gujarat NRE Coke Limited [2014] FCA 636 Justice Foster of the Federal Court of Australia handed down judgment on 17 June 2014 in an application for the enforcement of three foreign arbitral … Continue reading

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Filed under Australia, Enforcement