An Update On The Recognition And Enforcement Of Foreign Arbitral Awards In Australia

Key Points:

These decisions reflect the straightforward practice of achieving recognition and enforcement of foreign arbitral awards in Australia.

A party that obtains an award in an overseas arbitration may seek recognition and enforcement of that award by an Australian Court under section 8 of the International Arbitration Act 1974 (Cth). Section 8 also contains grounds under which enforcement of foreign awards "may" be refused by the Court (subsections 8(5), (7) and (8)).

A glance over recent Australian decisions provides some useful insights into the practice of enforcement of foreign awards and highlights particular issues in the event of non-appearance by a defendant to challenge enforcement. These cases are notable illustrations of the robust approach of the courts to the recognition and enforcement of foreign awards.