Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd [2012] FCA 696 Citation: Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd [2012] FCA 696
Parties: DAMPSKIBSSELSKABET NORDEN A/S v BEACH BUILDING & CIVIL GROUP PTY LTD (ACN 081 893 414)
File number: NSD 86 of 2011
Judge: FOSTER J
Date of judgment: 29 June 2012
Catchwords: ARBITRATION – international arbitration – whether it is open to an award debtor to challenge the validity of the relevant arbitration agreement at the stage when the Court is hearing and determining on an inter partes basis an application to enforce an award purportedly made pursuant to that arbitration agreement pursuant to s 8 of the International Arbitration Act 1974 (Cth) – relevant principles discussed – whether a voyage charterparty is a sea carriage document relating to the carriage of goods from any place in Australia to any place outside Australia within the meaning of that phrase in s 11(1)(a) and s 11(2)(b) of the Carriage of Goods by Sea Act 1991 (Cth) with the consequence that, by operation of s 11(2)(b) and s 11(3) of that Act, by reason of the fact that the charterparty includes an arbitration clause requiring disputes to be arbitrated in London, a voyage charterparty is of no effect to the extent that it purports to preclude or limit the jurisdiction of Australian courts – whether, in the circumstances of the present case, the foreign arbitration clause has no effect
Legislation: Arbitration Act 1996 (UK), ss 30, 48, 67 and 73(2) Carriage of Goods by Sea Act 1991 (Cth), ss 3, 4(2), 7, 8, 9, 10 and 11 and Schedule 1A Carriage of Goods by Sea Amendment Act 1997 (Cth) Carriage of Goods by Sea Regulations 1998 (Cth) Carriage of Goods by Sea Regulations 1998 (No 2) (Cth) International Arbitration Act 1974 (Cth), ss 2D, 3, 8, 9 and 39 International Arbitration Act Amendment Act 2010 (Cth) (Act No 97 of 2010) Sea-Carriage of Goods Act 1924 (Cth), s 9
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