AUSTRALIA 42 A

Supreme Court of Victoria, Commercial Court, Arbitration List, 11 March 2015

(Giedo van der Garde BV et al. v. Sauber Motorsport AG)

 

11 - 03 - 2015

AUSTRALIA 42 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XL (2015)
Jurisdiction Australia
Original full text Full text decision AUSTRALIA 42 A
Excerpt Excerpt decision AUSTRALIA 42 A
Summary

See also Supreme Court of Victoria, Court of Appeal, 12 March 2015 (Giedo van der Garde BV et al. v. Sauber Motorsport AG) AUSTRALIA 42 B

and

Supreme Court of Victoria, Commercial Court, Arbitration List, 27 March 2015 (Giedo van der Garde BV et al. v. Sauber Motorsport AG) AUSTRALIA 42 C
Related topics
301

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.

Procedure for enforcement in general
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
512 Ground c: Excess by arbitrator of his authority - Excess of authority
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
524

Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

 Other cases
AUSTRALIA 42 A