AUSTRALIA 33
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction
Australia
Original full text
Full text decision AUSTRALIA 33
Excerpt
Excerpt decision AUSTRALIA 33
Summary
Australia 33. Supreme Court, New South Wales, 7 July 2008
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
401
Conditions to be fulfilled by petitioner in general
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
404
Authentication and certification
The court discusses issues relating to the manner of authentication and certification of the award and/or arbitration agreement.
500
Grounds for refusal of enforcement in general
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.
504
Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II