Recognition and Enforcement of Foreign Awards Under the New York Convention in Australia and New Zealand
Journal of International Arbitration, Vol. 25, No. 6, 2008
15 Pages Posted: 17 Feb 2010 Last revised: 21 Mar 2010
Date Written: February 16, 2010
This article examines the current status and interpretation of the New York Convention provisions on recognition and enforcement of awards in Australia and New Zealand. While there have been no New Zealand decisions so far, Australian courts have considered a number of important issues including the effect of interim and interlocutory awards, the limitation period applicable to enforcement proceedings, the existence of a residual discretion not to enforce an award, the consequences of misnaming of a party and public policy. While some decisions have been consistent with the Convention’s objectives and purposes, in others courts have arguably relied too heavily on principles of Australian domestic law.
Keywords: New York Convention, Australian domestic law
JEL Classification: K00, K19, K39
Suggested Citation: Suggested Citation