The Victorian Supreme Court and Court of Appeal granted urgent enforcement of a Swiss arbitral award obtained by a Formula 1 driver against his former team.
Tagged: international arbitration
On an application to enforce a foreign arbitral award in the Federal Court, the respondent unsuccessfully sought to resist enforcement on the grounds that he had not received “proper notice” of the original arbitration proceeding.
Federal Court rejects backdoor attempt to attack arbitral findings of fact on Public Policy/Natural Justice ground
The Full Court of the Federal Court has refused to set aside or resist enforcement of an international arbitral award on the basis of an allegation that there was a breach of natural justice in making certain findings of fact and that the award was therefore against Australian public policy.
APRAG recently hosted its 10th anniversary conference in Melbourne, at which key issues concerning arbitration in the Asia-Pacific region were discussed.
Article by Robert Williams and Eugenia Levine
In this matter Mr Holmes QC, sitting as a sole arbitrator in the Appeal Arbitration Division of the Court of Arbitration for Sport (“CAS”), was called upon to determine the proper construction of the Nomination Criteria relevant to athletes seeking to represent Australia in the sport of Alpine skiing at the 2014 Olympic Winter Games. Arbitrator Holmes QC applied contractual construction principles to construe the relevant criteria, and dismissed the proceeding.
The High Court of Australia’s judgment in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia  HCA 5 (13 March 2013) is the most important development in arbitration in Australia in the past 12 months, and has been keenly awaited by arbitration users and practitioners.