Hub Street appeal – What does it mean for arbitration in Australia?

We previously covered the decision of the Federal Court in Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd (No 2) [2020] FCA 1116.

Readers will recall that the decision involved an application for the enforcement in Australia of an arbitration award published in Qatar according to the Commonwealth International Arbitration Act 1974 (Cth) (IAA). By virtue of Australia's adoption of the United Nations Conference on International Commercial Arbitration Convention on the Recognition and Enforcement of Foreign Arbitral Awards (known as the New York Convention), and adoption (at state and federal level) of the UNCITRAL Model Law, Australia is considered a ‘pro-arbitration' country so it was perhaps to be expected that enforcement might be granted, notwithstanding some significant departures in the conduct of the arbitration in Qatar.