Preview: The Recognition and Enforcement of Arbitral Awards with Boxun Yin and Andrew Berriman
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How is a foreign seated arbitral award recognised and enforced in national courts? On what grounds may a court resist enforcement of an award? What are the evidentiary matters that are required to obtain recognition? In which Australian court would one seek the recognition and enforcement of arbitral awards? Join Boxun Yin (Barrister, Banco Chambers, Sydney) and Andrew Berriman (Barrister, 9 Selborne Chambers, Sydney) as they discuss how an arbitral award may be recognised and enforced in this episode of Bench TV. Published on: [28.02.2025]
Discussion Includes:
- The recognition of an award
- Execution
- The process of recognition and enforcement
- In which Australian court would one seek the recognition and enforcement of arbitral awards?
- The evidentiary matters that are required to obtain recognition
- When might a court refuse to recognise an award?
- Public Policy
- Set aside
- Discretion
- Confidentiality Orders
Presenter Profiles
BIBLIOGRAPHY
Cases
- Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. [2023] HCA 11
- TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83
- CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28
- Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46
- Republic of Mozambique v Privinvest and others [2023] UKSC 32
- Rinehart v Welker [2012] 95 NSWLR 221
- Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110
Legislation
- International Arbitration Act 1974 (Cth)
- Commercial Arbitration Act 2010 (Cth)