AUSTRALIA 47

07 - 02 - 2016

AUSTRALIA 47

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Australia
Excerpt Excerpt decision AUSTRALIA 47
Summary

Australia 47. Joseph Isaac Gutnick et al. v. Indian Farmers Fertiliser Cooperative Limited et al., Supreme Court of Victoria, Court of Appeal, 9 February 2016
Related topics
500A Residual power to enforce notwithstanding existence of ground for refusal
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
AUSTRALIA 47