Key Points:
Courts will enforce an arbitral award even against a
non-party to the arbitration agreement.
The decision of Justice Croft of the Supreme Court of Victoria
in Altain Khuder LLC v IMC Mining Inc and IMC Mining Solutions Pty
Ltd [2011] VSC 1 illustrates the flexibility of arbitration and the
manner in which courts will enforce an arbitral award even against
a non-party to the arbitration agreement.
It also shows the extent to which international arbitration, the
New York Convention and recognition and enforcement of foreign
arbitral awards have become the norm in international business.
The contract and the dispute
Altain Khuder LLC is a Mongolian company that advanced $US6.2
million to the Australian company IMC Mining to prepare mine plans,
operating plans and budgets in connection with an iron ore mine
forming part of the Tayan Nuur Iron Ore Project in Mongolia.
