Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Traxys Europe SA v Balaji Coke Industry Pvt Ltd (No 2) [2012] FCA 276 Citation: Traxys Europe SA v Balaji Coke Industry Pvt Ltd (No 2) [2012] FCA 276
Parties: TRAXYS EUROPE SA v BALAJI COKE INDUSTRY PVT LTD and BOOYAN COAL PTY LIMITED (ACN 115 420 598)
File number: NSD 1490 of 2011
Judge: FOSTER J
Date of judgment: 23 March 2012
Catchwords: ARBITRATION – international arbitration – enforcement of foreign award under s 8(3) of the International Arbitration Act 1974 (Cth) – whether an award made in England pursuant to an arbitration agreement contained in a contract for the sale of metallurgical coke between a Luxembourg entity and an Indian corporation should be enforced in Australia – whether, as a matter of principle and subject to certain statutory grounds upon which the Court might refuse to enforce a foreign award, the award creditor is entitled to a judgment in the Australian enforcement court in the terms of the foreign award – whether, as a condition precedent to enforcement, the award creditor is obliged to prove that the award debtor has assets in Australia – whether, in the circumstances of the case, the Court should refuse to enforce the foreign award because to do so would be contrary to public policy – scope and meaning of the term "public policy" in s 8(7) of the International Arbitration Act 1974 (Cth) discussed – no reason not to enforce the award
Legislation: Acts Interpretation Act 1901 (Cth), s 13(2)(d) Arbitration Act 1996 (UK), s 101 and s 103 Arbitration and Conciliation Act 1996 (Ind), s 34 and s 36 Civil Procedure Act 2005 (NSW), s 3 and s 106 Corporations Act 2001 (Cth), s 491 Federal Court of Australia Act 1976 (Cth), s 4 and s 53 International Arbitration Act 1974 (Cth), ss 2D, 3, 8, 9 and 39 International Arbitration Amendment Act 2010 Judiciary Act 1902 (Cth), s 35 The Constitution, s 73 Federal Court Rules 2011, r 28.44, Pt 41 Rules of the London Court of International Arbitration, r 26.9 Uniform Civil Procedure Rules 2005 (NSW), Pt 39
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