Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015] FCA 1028 Citation: Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015] FCA 1028
Parties: SINO DRAGON TRADING LTD v NOBLE RESOURCES INTERNATIONAL PTE LTD, MAXWELL THOMAS BENNETT BONNELL and JONATHAN KAY HOYLE
File number: NSD 1069 of 2015
Judge: EDELMAN J
Date of judgment: 17 September 2015
Catchwords: ARBITRATION – challenge to arbitrators alleging "justifiable doubts as to their impartiality or independence" – application for court to "decide on the challenge" under Article 13(3) of the Model Law – court has no power to do so when challenge has not been determined by appointing authority and has not been "unsuccessful" – whether residual power exists at common law ARBITRATION – application for removal of arbitrators on the basis of "undue delay" – meaning of "undue delay" in Article 14 of the Model Law – whether "undue delay" is occasioned by the tribunal deferring a ruling about jurisdiction to the hearing of the arbitration ARBITRATION – application to issue subpoenas or order production of documents where arbitral tribunal refused to direct production of those documents – whether an order that contradicts a ruling of the tribunal is in aid of the arbitration – whether there is power to make such orders ARBITRATION – declaration about invalidity of appointment of arbitrators – declaration not sought under Article 16(3) of the Model Law and the conditions of that sub-article are not satisfied
Legislation: International Arbitration Act 1974 (Cth) ss 2D, 16, 18, 18(3)(c), 23, 23(1), 23(2), 23(3), 23(4), 23(5), 23(6), 23A, 23A(1), 23A(2), 23A(3), 23A(4), 23A(5), 23A(6) UNCITRAL Model Law on International Commercial Arbitration (As adopted by the United Nations Commission on International Trade Law on 21 June 1985, and as amended by the United Nations Commission on International Trade Law on 7 July 2006) Arts 5, 6, 9, 13, 13(1), 13(2), 13(3), 14, 16(3), 17J, 27 UNCITRAL Arbitration Rules (As revised in 2010) Arts 3(4)(a), 4, 4(3), 6(1), 9, 9(1), 9(2), 12, 12(1), 13, 13(2), 13(3), 13(4)
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