ARTICLE · 25 OCTOBER 2011

Australian court refuses enforcement against non-party to arbitration ...

Norton Rose Fulbright Australia

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Two recent cases from Australia and UK in relation to arbitration.

AustraliaLitigation, Mediation & Arbitration

Pierre Bienvenu

Joseph Tirado

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Australian court refuses enforcement against non-party to arbitration

The Victorian Court of Appeal has allowed an appeal by IMC Aviation Solutions Pty Ltd (formerly IMC Mining Solutions Pty Ltd) (IMC), and refused the enforcement of an arbitral award made against IMC on the ground that IMC was not a party to the arbitration agreement. Adopting the approach of the UK Supreme Court last year in Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46, it held that an enforcement court can revisit jurisdiction in full, even when the arbitral tribunal or the courts of the seat of arbitration had already determined the issue. Please read our briefing.

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