No enforcement without notice: Federal Court of Australia declines to enforce an award for failure to give proper notice of the arbitration

    In a recent post, we considered the careful and considered approach taken by Australian courts in striking the balance between a pro-enforcement stance and critical due process safeguards when enforcing foreign arbitral awards. In Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu [2021] FCA 477, the Federal Court of Australia maintained this balance by declining to enforce an award against an award debtor who had not been served in accordance with the arbitration agreement or the chosen institutional rules, and therefore had not been given proper notice of the arbitration. Read more

    THE CLOAK OF CONFIDENTIALITY IN ARBITRATION IS NOT EASILY REMOVED: FEDERAL COURT OF AUSTRALIA DECLINES TO ENFORCE A CONSENT AWARD THAT HAD BEEN SATISFIED

    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. Read more

    Expansion to Australia’s sanctions regime passed by Parliament

    By Leon Chung, Christine Wong and Shannan Casey On 2 December 2021 the Australian Parliament passed the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Bill 2021 (Bill) introducing a new thematic sanctions regime to the Autonomous Sanctions Act 2011 (Act) and Autonomous Sanctions Regulations 2011 (Regulations). Read more

    Climate litigation trends: three significant developments you need to know about

    It has been an active 12 months in the climate change litigation space, both in Australia and internationally. The political and legal landscape is rapidly evolving and the need to keep pace with these developments is presenting companies with new strategic challenges. In this update, we provide a summary of three recent key developments in climate change litigation in Australia and New Zealand. Read more

    FEDERAL COURT OF AUSTRALIA AGAIN RECOGNISES AND ENFORCES ICSID AWARDS

    The Federal Court of Australia has recognised and enforced two awards issued in investor-state arbitrations conducted under the rules of the International Centre for Settlement of Investment Disputes (ICSID) (ICSID case numbers ARB/13/31 and ARB/13/36). The Federal Court decision, Eiser Infrastructure Limited v Kingdom of Spain [2020] FCA 157 (Eiser), directly considers whether foreign states are immune from enforcement of an ICSID award in Australia. Read more

    A CLIMATE CHANGE DUTY OF CARE: SHARMA V MINISTER FOR THE ENVIRONMENT

    The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the extension to the Vickery coal mine in New South Wales.
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