Enforcement of Foreign Arbitration Awards, Issue Estoppel and Comity: Developments in Australia

Abstract

This article discusses, by reference to recent Australian case law, the vexed question of whether a party who fails to set aside an arbitral award at the seat of the arbitration should be permitted to rerun its failed arguments in resisting enforcement overseas, and questions whether the court of the seat has a special status in international commercial arbitration.

Keywords: Gujurat NRE Coke Ltd, arbitral award, special status of seat court, international commercial arbitration, issue estoppel, comity, enforcement of foreign arbitral awards, failed to resist enforcement overseas