AUSTRALIA 25
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXX (2005)
Jurisdiction
Australia
Original full text
Full text decision AUSTRALIA 25
Excerpt
Excerpt decision AUSTRALIA 25
Summary
Australia 25. Supreme Court of New South Wales, Equity Division, Commercial List, 29 July 2004
Related topics
301
Procedure for enforcement in general
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
302
Discovery of evidence
The court discusses the availability of discovery in order to prove grounds for refusal of enforcement.
303
Estoppel/waiver
The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.