Key Points:
The Michael Wilson & Partners Limited case will test
the operation of a foreign arbitral award made after an Australian
judgment
The High Court of Australia has a prime opportunity to provide
much-needed clarification of general principles of international
arbitration law. The opportunity comes at a time when there is a
significant movement in Australia to promote international
arbitration.
The High Court has granted a foreign law firm, Michael Wilson
& Partners Limited (MWP), special leave to
appeal from a decision of the NSW Court of Appeal on questions
regarding abuse of process and the status of foreign arbitral
awards in Australia.
The trial, which was heard in 2009, related to the alleged
diversion of profits and business opportunities by three
Australians employed by MWP to work on energy and resources
projects in Kazakhstan. The trial judge awarded MWP more than $8
million against two of the Australians, partly on the basis that
they were
