Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ESCO Corporation v Bradken Resources Pty Ltd [2011] FCA 905 Citation: ESCO Corporation v Bradken Resources Pty Ltd [2011] FCA 905
Parties: ESCO CORPORATION v BRADKEN RESOURCES PTY LTD
File number: NSD 876 of 2011
Judge: FOSTER J
Date of judgment: 9 August 2011
Catchwords: ARBITRATION – international arbitration – whether proceedings brought by a US corporation in Australia to enforce against an Australian corporation an arbitral award made in the USA should be adjourned pending the outcome of proceedings brought in the USA by the corporation against which the award was sought to be enforced for a stay and ultimately an order setting aside the award in part – interpretation and application of s 8(8) of the International Arbitration Act 1974 (Cth) discussed
Legislation: Federal Court of Australia Act 1976 (Cth), ss 50, 51A and 52 Federal Arbitration Act, 9 U.S.C. ¶201 et seq Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517, T.I.A.S. No 997, 300 UN 38 International Arbitration Act 1974 (Cth), ss 2D, 8 and 39, Art V and Art VI of Sch 1
Cases cited: Dardana Ltd v Yukos Oil Co [2002] 2 Lloyd's Rep 326 cited IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation [2005] EWHC 726 cited Soleh Boneh International Ltd v Government of the Republic of Uganda [1993] 2 Lloyd's Rep 208 cited
Date of hearing: 19 July 2011
Date of last submissions: 20 July 2011
Place: Sydney
Division: GENERAL DIVISION
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