Key Points:
Any agreed limitations on the parties' rights to
make oral submissions or other agreed procedural limitations will
be a relevant consideration in determining the opportunity afforded
to each party to present its case.
Following a recent decision of the Full Federal Court, it is
clear that a party to an international arbitration will not be able
to prevent enforcement of an arbitral award on the basis that the
Arbitral Tribunal failed to give it an opportunity to develop
arguments where those arguments had no prospects of success.
In Gujarat NRE Coke Limited v Coeclerici Asia Pte Ltd [2013]
FCAFC 109, the Full Court of the Federal Court of Australia upheld
the decision of Justice Foster not to refuse enforcement of an
award on the basis that there had been a denial of natural justice
by the arbitrators. The Court rejected Gujarat's arguments that
it had been denied an opportunity to present its case or procedural
fairness.
