In the recent case of EBJ21 v EB021 [2021] FCA 1406 award creditors sought recognition and enforcement of an arbitral award that had already been paid in time and in full. The award debtors resisted the application arguing that it was an improper attempt to circumvent the agreed upon confidentiality arrangement by bringing the dispute into the public arena of a court proceeding. The Federal Court of Australia agreed.

The Court held that there was no justification to recognise or indeed enforce an award that had been satisfied since it enjoyed the force of law from the date it was created and the obligations imposed by it had already been discharged. The Court instead reiterated the importance of confidentiality in arbitration and upheld the award debtor’s application for suppression orders.

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Leon Chung
Leon Chung
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Guillermo Garcia-Perrote
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