Enforcing foreign arbitral awards in Australia against non-signatories of the arbitration agreement

Harder, Sirko (2012) Enforcing foreign arbitral awards in Australia against non-signatories of the arbitration agreement. Asian International Arbitration Journal, 8 (2). pp. 131-160. ISSN 1574-3330

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Abstract

This article investigates two questions that may arise in Australian proceedings for the enforcement of a foreign arbitral award where the award-debtor is not named in the relevant arbitration agreement and asserts that it is not a party to that agreement. The first question that may be contested in those circumstances is whether the award-debtor is for some reason precluded from denying its privity to the relevant arbitration agreement. Where this is not the case, the allocation of the onus of proof with regard to the award-debtor’s privity to the agreement may become relevant. In the context of investigating these two questions, this article discusses the views expressed in IMC Aviation Solutions Pty Ltd v Altain Khuder LLC, decided in 2011 by Croft J as trial judge and then by the Victorian Court of Appeal.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K2400 Arbitration and award
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7611 Civil procedure. International civil procedure
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Depositing User: Sirko Harder
Date Deposited: 22 Sep 2014 08:29
Last Modified: 07 Mar 2017 06:10
URI: http://sro.sussex.ac.uk/id/eprint/50114

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