- Australia—have you noticed? Enforcement of foreign arbitral awards (Jishi v Liu)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The Federal Court of Australia granted the applicant permission to enforce a foreign arbitration award as if it were a judgment of the court against three of four respondents pursuant to section 8(3) of the International Arbitration Act 1974 (Cth). Crucially, the court declined to grant permission to enforce against the second respondent, who had disclaimed all knowledge of the arbitration proceedings. The Federal Court re-affirmed that actual notice of the arbitration was required to be shown in order for enforcement of a foreign arbitration award to be effective. However, in affirming that principle, the court set a high bar for applicants to clear in circumstances where a respondent has disclaimed all knowledge of the arbitration proceedings. The case demonstrates the need for caution to be taken at both the contract drafting and commencement of foreign arbitration stage prior to enforcement. Further, case law cited in submissions and in the judgment included foreign arbitration cases from both Commonwealth and non-Commonwealth countries and contains thoughtful summaries on the principles considered in each. Written by Bo Zhou, lawyer at Madgwicks Lawyers.
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