Recognition and Enforcement of Foreign Arbitral Awards: The Application of the New York Convention by National Courts – National Report for Australia

Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, G. Bermann, ed, Springer, Switzerland, 2017

Sydney Law School Research Paper No. 13/70

37 Pages Posted: 17 Oct 2013 Last revised: 26 Aug 2017

See all articles by Luke R. Nottage

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law

Chester W. Brown

The University of Sydney Law School

Date Written: October 15, 2013

Abstract

This National Report for Australia responds to a detailed questionnaire on “Recognition and Enforcement of Foreign Arbitral Awards” prepared by the General Reporter, Professor George Bermann, for the 19th International Congress of Comparative Law (Vienna, 20-27 July 2014). It covers implementation into Australian law of the 1958 New York Convention, enforcement by Australian courts of international arbitration agreements (pursuant to Article II of the Convention), grounds for refusing enforcement (Article V), and procedural issues.

By way of general assessment, this Report concludes that overall the Australian courts’ application of the Convention by way of the International Arbitration Act (IAA) has been reasonably successful and positive, especially in recent years. However, some judgments have been out of step with widely-accepted principles. Sometimes this problem has been exacerbated by poor legislative drafting. Broader difficulties also remain with the recent 2010 amendments to the IAA. It would be helpful to undertake some further amendments, and indeed to reform the Convention itself, in several respects. There also needs to be a more consistently internationalist interpretation and application of the Convention by both Australian courts and advocates arguing IAA cases.

Keywords: international arbitration, international law, comparative law, Commonwealth law, dispute resolution

JEL Classification: K10, K30, K33

Suggested Citation

Nottage, Luke R. and Brown, Chester W., Recognition and Enforcement of Foreign Arbitral Awards: The Application of the New York Convention by National Courts – National Report for Australia (October 15, 2013). Recognition and Enforcement of Foreign Arbitral Awards: The Interpretation and Application of the New York Convention by National Courts, G. Bermann, ed, Springer, Switzerland, 2017; Sydney Law School Research Paper No. 13/70. Available at SSRN: https://ssrn.com/abstract=2340806 or http://dx.doi.org/10.2139/ssrn.2340806

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

Chester W. Brown

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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