AUSTRALIA 53

Federal Court of Australia, 25 June 2021

(Hub Street Equipment Pty Ltd v. Energy City Qatar Holding Company)

25 - 06 - 2021

AUSTRALIA 53

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction Australia
Original full text Full text decision AUSTRALIA 53
Excerpt Excerpt decision AUSTRALIA 53
Summary

A Full Court of the Federal Court of Australia granted an appeal from its own first instance decision, rendered by a Judge, and denied enforcement of a Qatari award, finding that the arbitral tribunal had not been constituted in accordance with the parties’ agreement.
Related topics
500

The court discusses the overall scheme and/or pro-enforcement bias of the Convention.

 Grounds for refusal of enforcement in general
500A Residual power to enforce notwithstanding existence of ground for refusal
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

 Burden of proof on respondent
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
AUSTRALIA 53