AUSTRALIA 46 A

Supreme Court of Victoria, Commercial Court, Arbitration List, 21 December 2015 

(Indian Farmers Fertiliser Cooperative Limited et al. v. Kisan International Trading Fze et al.)

21 - 12 - 2015

AUSTRALIA 46 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Australia
Summary

See also Supreme Court of Victoria, Commercial Court, Arbitration List, 22 December 2015 (Indian Farmers Fertiliser Cooperative Limited et al. v. Kisan International Trading Fze et al.) AUSTRALIA 46 B

Related topics
500A Residual power to enforce notwithstanding existence of ground for refusal
501

The court discusses questions relating to the general approach taken by the Convention to the grounds for refusal of recognition and enforcement, including its pro-enforcement bias, as well as the system of the Convention, under which recognition and enforcement may only be denied on seven listed grounds and the petitioner has only the obligations set out in Art. IV.

Grounds are exhaustive
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
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
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
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
AUSTRALIA 46 A