Samsung C& T Corporation, in the matter of Samsung C& T Corporation [2017] FCA 1169

FEDERAL COURT OF AUSTRALIA

Samsung C&T Corporation, in the matter of Samsung C&T Corporation [2017] FCA 1169 File number(s): WAD 146 of 2017

Judge(s): GILMOUR J

Date of judgment: 5 October 2017

Catchwords: ARBITRATION – international arbitration – application for leave to issue subpoenas – whether the Federal Court of Australia has jurisdiction to give leave to issue subpoenas under s 23 of the International Arbitration Act 1974 (Cth) for foreign-seated arbitral proceedings

Legislation: Extradition Act 1988 (Cth) ss 6, 12, 19(2)(a), and 19(3) Federal Justice System Amendment (Efficiency Measures) Act (No 1) 2009 (Cth) sch 1 s 3 International Arbitration Act 1974 (Cth) ss 2D(c), 2D(d), 3(1), 15(2), 16(1), 16(2), 18, pt III div 3, 22(1), 22A, and 23, sch 2 (UNCITRAL Model Law on International Commercial Arbitration) arts 1(2), 1(3)(b)(2), 7 (option 1), 27, and 35 International Arbitration Amendment Act 2010 (Cth) s 16 International Arbitration Amendment Bill 2009 (Cth) Revised Explanatory Memorandum, International Arbitration Amendment Bill (Cth) 2010 Evidence Act 1906 (WA) ss 115–118 Rules of the Supreme Court 1971 (WA) O 39 International Arbitration Act (Singapore) (Cap 143A, 2002 Rev Ed) ss 3, 13(2) UNCITRAL Arbitration Rules 2013 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, opened for signature on 18 March 1970, 847 UNTS 241 (entered into force on 7 October 1972) arts 1 and 2