Table of contents
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Article summary
Arbitration analysis: In this decision, the Full Court of the Federal Court of Australia has reinforced its earlier, related decision distinguishing between recognition proceedings and enforcement (or execution) proceedings under the International Arbitration Act 1974 (Cth) (IAA 1974) in relation to International Centre for Settlement of Investment Disputes (ICSID) awards. By this decision, the Full Federal Court has given final effect to its previous decision that recognition of an ICSID award could and should be granted by the court without any need to consider questions of state immunity because state immunity does not apply in relation to recognition proceedings. This decision provides useful guidance on how an application for an order recognising an ICSID award in Australia should be formulated. Written by Dr Sam Luttrell, partner at Clifford Chance, and Larissa Welmans, associate at Clifford Chance.
To continue reading this news article, as well as thousands of others like it, sign in with LexisNexis or register for a free trial