AUSTRALIA 54

Federal Court of Australia, 21 June 2021

(Neptune Wellness Solutions, Inc v. Azpa Pharmaceuticals Pty Ltd et al.)

21 - 06 - 2021

AUSTRALIA 54

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVII (2022)
Jurisdiction Australia
Summary

The Federal Court granted recognition and enforcement of an arbitral award rendered in Canada. It held that all requirements of the International Arbitration Act, 1974, by which Australia had enacted the 1958 New York Convention, were met by the applicant, which had filed the duly authenticated copy of the agreement containing the arbitration clause and of the award it sought to enforce. The respondents had not appeared in the enforcement proceedings.

Related topics
401

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.

Conditions to be fulfilled by petitioner in general
AUSTRALIA 54