Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 2) [2012] FCA 1214

FEDERAL COURT OF AUSTRALIA

Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 2) [2012] FCA 1214 Citation: Castel Electronics Pty Ltd v TCL Air Conditioner (Zhongshan) Co Ltd (No 2) [2012] FCA 1214

Parties: CASTEL ELECTRONICS PTY LTD v TCL AIR CONDITIONER (ZHONGSHAN) CO LTD

File numbers: VID 218 of 2011 VID 224 of 2011 VID 317 of 2011

Judge: MURPHY J

Date of judgment: 2 November 2012

Catchwords: INTERNATIONAL ARBITRATION – arbitration pursuant to the International Arbitration Act 1974 – domestically made Model Law award - setting aside an award –– recognition and enforcement of award – meaning of "public policy" in International Arbitration Act 1974 (Cth) - whether arbitral award is in conflict with or otherwise contrary to public policy – whether "public policy" relates to procedural as well as substantive issues - importance of international uniformity to interpretation of "public policy" - whether "public policy" has the same or similar meaning in relation to grounds for setting aside an award as grounds for refusing enforcement of an award – requirement for natural justice in connection with the making of awards – seriousness of the breach of the rules of natural justice required to be in conflict with public policy - principles governing the proper exercise of the discretion to set aside or refuse enforcement - the extent of the review warranted when an award is challenged for breach of natural justice – whether a distinction exists between the award and the reasons underpinning it - whether arbitral tribunal breached the rules of natural justice in making the award – whether findings regarding the quantification of loss were made in breach of the no evidence rule and the hearing rule – whether tribunal was required to adopt expert's quantification of loss