Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ye v Zeng (No 5) [2016] FCA 850 File number: NSD 1123 of 2015
Judge: ALLSOP CJ
Date of judgment: 27 July 2016
Catchwords: ARBITRATION – unsuccessful attempt to resist enforcement of foreign arbitration award by award debtor – indemnity costs application – whether circumstances of case justify the award of indemnity costs
Legislation: International Arbitration Act 1974 (Cth) ss 3, 8, 9
Cases cited: A v R [2009] HKCFI 342 Exfin Shipping (India) Ltd Mumbai v Tolani Shipping Co Ltd Mumbai [2006] EWHC 1090 (Comm) Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 364; 81 ALR 397 Gao Haiyan v Keeneye Holdings Ltd (No 2) [2012] 1 HKC 491 IMC Aviation Solutions Pty Ltd v Altain Khuder LLC [2011] VSCA 248; 38 VR 303 Ye v Zeng [2015] FCA 1192 Ye v Zeng (No 2) [2015] FCA 1243 Ye v Zeng (No 3) [2015] FCA 1279 Ye v Zeng (No 4) [2016] FCA 386 Allsop, JLB "Public Policy in the New York Convention and the Model Law", Enforcement of International Arbitration Awards and Public Policy: Part III (Paper presented to the AMTAC and Holding Redlich Seminar, Sydney, 10 November 2014)
Dates of hearing: 28 October 2015, 2 November 2015, 13 November 2015, 17 November 2015, 15 April 2016, 18 May 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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