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

U of Melbourne Legal Studies Research Paper No. 450

15 Pages Posted: 17 Feb 2010 Last revised: 21 Mar 2010

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Michael Pryles

affiliation not provided to SSRN

Date Written: February 16, 2010

Abstract

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

Garnett, Richard and Pryles, Michael, Recognition and Enforcement of Foreign Awards Under the New York Convention in Australia and New Zealand (February 16, 2010). Journal of International Arbitration, Vol. 25, No. 6, 2008, U of Melbourne Legal Studies Research Paper No. 450, Available at SSRN: https://ssrn.com/abstract=1554151

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Michael Pryles

affiliation not provided to SSRN

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