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ARTICLE · 09 DECEMBER 2013

A right to some leisurely expanse of time to think up and develop points in arbitral proceedings?

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

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The Federal Court has refused an appeal to resist enforcement of an arbitral award under the International Arbitration Act.

AustraliaLitigation, Mediation & Arbitration

In the recent decision of Gujarat NRE Coke Limited v Coeclerici Asia (Pte) Ltd [2013] FCAFC 109, the Full Court of the Federal Court of Australia refused an appeal to resist enforcement of an arbitral award under the International Arbitration Act 1974 (Cth) pursuant to grounds of procedural unfairness. This decision demonstrates the following three important points:

  • The court of supervisory jurisdiction and the court of enforcement will consider the specific circumstances of a case and any procedural limitations agreed between the parties (including any limitations on the parties' rights to make further submissions) in determining whether the arbitral tribunal denied the parties procedural fairness or breached the rules of natural justice in connection with the making of an award;

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