- Australian court enforces arbitral award against non-participating party (Energy City Qatar Holding Company v Hub Street Equipment)
- What was the background?
- What did the court decide?
- Security for costs
- What are the key take-aways of the decision?
Arbitration analysis: The Federal Court of Australia (FCA) enforced an arbitral award as a judgment of the court in accordance with section 8(3) of the International Arbitration Act 1974 (Cth) (IAA). Notably, the FCA enforced the award in circumstances where the respondent did not participate in the proceedings but later attempted to raise procedural irregularities to prevent enforcement of the award. Jo Delaney, Charlotte Hendriks and Lucy Baker of Baker McKenzie Sydney consider the decision and its implications.
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