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Australian Courts continue to take an arbitration friendly approach to applications to recognise and enforce foreign awards. In EBJ21 v EB021,[1] the Federal Court of Australia (“FCA”) considered whether to recognise or enforce a confidential arbitral award in circumstances where the award had been paid on time and in full. Factual Background The parties had entered into a confidential deed of settlement, with payment due one month later. Immediately, and prior to the due date…

Executive summary In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1116, the Federal Court of Australia (FCA) enforced an arbitral award as a judgment of the court in accordance with section 8(3) of the International Arbitration Act 1974 (Cth) (IAA). Notably, the FCA enforced the award in circumstances where the respondent did not participate in the proceedings but later attempted to raise procedural irregularities to prevent enforcement of the…

In brief Even with the fiscal stimulus and other measures taken by the Federal and State governments in Australia, corporate insolvencies are likely to increase in coming months. Under Australia’s insolvency regimes, a distressed company may be subject to voluntary administration, creditor’s voluntary winding up or court ordered winding up (collectively, an external administration).  Each of these processes raises different issues for the commencement and continuation of court and arbitration proceedings. In this alert, we consider…

The Federal Court of Australia (FCA) has enforced two ICSID awards against the Kingdom of Spain (Spain) in Eiser Infrastructure Ltd v Kingdom of Spain.[1]  The FCA rejected Spain’s argument that it was immune from the jurisdiction of the Australian courts (asserted pursuant to sections 9 and 10(7) of the Foreign States Immunities Act 1985 (Cth) (Immunities Act)). The investors (Investors) involved in two ICSID arbitrations applied under s35(4) of the International Arbitration Act 1974…