Enforcing foreign court orders in Australia: Four key requirements

International arbitration is often seen as the preferable option to proceeding before a national court perhaps primarily due to the relative ease of enforcement of awards under the processes laid down by the New York Convention (and given force of law in Australia by the International Arbitration Act 1974 (Cth)).

While the New York Convention process certainly has its advantages, the case of Zhengzhou Lvdu Real Estate Group Co Ltd v Shu [2024] NSWSC 58 (Proceedings) reminds us that it is not the only show in town and that, at common law, a foreign judgment creditor needs to only satisfy four requirements to enforce a foreign court judgment. The four requirements, subject to any grounds of challenge, are not particularly onerous for any judgment creditor.