Article summary
Arbitration analysis: In a recent Federal Court judgment, Justice Stewart refused to make consent orders which sought declaratory relief. Justice Stewart stated that ‘the making of a declaration in terms of an award is not “enforcement” of the award and not an appropriate order to make…’. Justice Stewart resolved the issue of the declaratory order sought by deleting the struck out text in the orders proposed by the parties as follows: It is ordered and declared that the Respondent is required to sell its shares … to the Applicant…Justice Stewart considered that there would be no purpose in making orders in terms of a declaration given that the arbitrator had already made the declaration. He also removed the words ‘is required to’ as he considered that they ‘serve to detract from the force of the order for specific performance by introducing something in the nature of a declaration of rights’....
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