Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2016] FCA 1131 File number: NSD 1333 of 2016
Judge: BEACH J
Date of judgment: 13 September 2016
Catchwords: ARBITRATION – international commercial arbitration – application to set aside arbitral award – International Arbitration Act 1974 (Cth) – article 34(2) of the UNCITRAL Model Law on International Commercial Arbitration – ground to set aside – whether award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration – meaning of "dispute" – ground to set aside – videoconference – mode of providing evidence – whether party able to "present their case" – ground to set aside – arbitrators – whether appointed in "accordance with the agreement of the parties" – ground to set aside – public policy – natural justice – arbitrators – International Arbitration Act 1974 (Cth) ss 18A and 19 – justifiable doubts as to impartiality or independence – real danger of bias – application dismissed
Legislation: International Arbitration Act 1974 (Cth) ss 2D, 16, 18, 18A, 18C, 19, 39 UNCITRAL Arbitration Rules (as revised in 2010) arts 6, 9, 11, 12, 13, 17, 28, 32 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 4, 5, 11, 12, 13, 16, 18, 19, 34
Cases cited: Amasya Enterprises Pty Ltd v Asta Developments (Aust) Pty Ltd [2016] VSC 326 BZAID v Minister for Immigration and Border Protection [2016] FCA 508 Corporacion Transnacional de Inversiones SA de CV v STET International SpA (1999) 45 OR (3d) 183 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Gascor v Ellicott [1997] 1 VR 332 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 R v Gough [1993] AC 646 Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015] FCA 1028 Stead v State Government Insurance Commission (1986) 161 CLR 141 SZRMQ v Minister for Immigration and Border Protection (2013) 219 FCR 212 TCL Air Conditioner (Zhongshan) Company Ltd v Castel Electronics Pty Ltd (2014) 232 FCR 361
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