Hebei Jikai Industrial Group Co Ltd v Martin [2015] FCA 228

FEDERAL COURT OF AUSTRALIA

Hebei Jikai Industrial Group Co Ltd v Martin [2015] FCA 228 Citation: Hebei Jikai Industrial Group Co Ltd v Martin [2015] FCA 228

Parties: HEBEI JIKAI INDUSTRIAL GROUP CO LTD v VINCENT MARTIN & ORS

File number(s): NSD 442 of 2014

Judge(s): WIGNEY J

Date of judgment: 17 March 2015

Catchwords: ARBITRATION – international commercial arbitration – where arbitrator decided jurisdiction as a threshold issue – where applicant challenges award – applicant challenges award on basis that it was unable to present its case – article 34(2)(a)(ii) of the Model Law - where award challenged on basis that arbitrator failed to conduct the arbitral procedure in accordance with the agreement of the parties- article 34(2)(a)(iv) of the Model Law – where award challenged on basis of denial of procedural fairness – article 34(2)(b)(ii) of the Model Law – where respondent contends that a negative jurisdiction finding by the arbitrator is final by reason of s 16(3) of the Model Law – judicial restraint in international commercial arbitration CONTRACTS – circumstances in which a report of an expert appointed under contract may be challenged - where applicant claims that expert report by auditor was not in accordance with contract, or expert asked himself the wrong question or misconceived his jurisdiction EQUITY – declaratory relief – discretionary considerations – where declaration sought will produce no foreseeable consequences for the parties – where the declaratory relief sought would be inconsistent with the upholding of the arbitral award – whether a collateral attack on the arbitral award

Legislation: Corporations Act 2001 (Cth), s 459G Evidence Act 1995 (Cth), ss 131, 131(1), 131(2)(f) International Arbitration Act 1974 (Cth), ss 15, 16, 18(3), 19(b), 39, 39(1)(a)(v)