Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110 Appeal from: Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd (No 2) [2020] FCA 1116; Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd (No 3) [2020] FCA 1219
File number: NSD 1045 of 2020
Judgment of: ALLSOP CJ, MIDDLETON AND STEWART JJ
Date of judgment: 25 June 2021
Catchwords: ARBITRATION – international arbitration – enforcement of award – where supervisory court appointed the arbitral tribunal – whether composition of the arbitral tribunal was in accordance with the agreement of the parties – comity – whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance with the agreement of the parties ARBITRATION – international arbitration – enforcement of award – nature of the burden of proving a ground for non-enforcement – whether discretion to enforce award should nevertheless be exercised – nature of the discretion PRACTICE AND PROCEDURE – settlement – where parties settled "in principle" – where judgment was complete subject to administrative matters prior to settlement – whether Court can hand down judgment notwithstanding settlement "in principle" – Court has a discretion to hand down judgment where it is in the public interest to do so
Legislation: Civil Law and Justice Legislation Amendment Act 2018 (Cth) Sch 7 item 2 Federal Court Rules 2011 (Cth) r 36.73(1)(b)(ii) International Arbitration Act 1974 (Cth) ss 2D, 3, 8, 39, Schs 1-2 Convention on the Recognition and Enforcement of Foreign Arbitral Awards, opened for signature 10 June 1958, 330 UNTS 3 (entered into force 7 June 1959) UNCITRAL Model Law on International Commercial Arbitration (as adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended on 7 July 2006) Civil and Commercial Arbitration Law (Qatar) (Law No. 2 of 2017) Art 33 Civil and Commercial Code of Procedure (Qatar) (Law No. 13 of 1990) Art 195
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate