Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sharma v Military Ceramics Corporation [2020] FCA 216 File number: NSD 2003 of 2019
Judge: STEWART J
Date of judgment: 20 February 2020
Date of publication of reasons: 26 February 2020
Catchwords: PRACTICE AND PROCEDURE – application to adjourn interlocutory application made informally immediately prior to hearing – delay – prejudice to parties, other litigants and administration of justice if application granted ARBITRATION – international commercial arbitration – application to set aside arbitral award under Art 34 of the UNCITRAL Model Law on International Commercial Arbitration – interlocutory application to summarily dismiss set aside application as being out of time – whether application to set aside filed within three months of arbitral award being received by the applicant as required by Art 34(3) of the Model Law – when arbitral award was received
Legislation: Evidence Act 1995 (Cth) s 161 Federal Court of Australia Act 1976 (Cth) ss 31A, 37M, 37N Federal Court Rules 2011 (Cth) rr 4.05, 17.01, 17.04, 26.01 International Arbitration Act 1974 (Cth) s 16 UNCITRAL Model Law on International Commercial Arbitration Arts 1, 34
Cases cited: ABC Co v XYZ Co Ltd [2003] SLR 546 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 BXS v BXT [2019] SGHC(I) 10 Downer-Hill Joint Venture v Government of Fiji [2005] 1 NZLR 554 Emerald Grain Australia Pty Ltd v Agrocorp International Pte Ltd [2014] FCA 414; 314 ALR 299 Hebei Jikai Industrial Group Co Ltd v Martin [2015] FCA 228; 324 ALR 268 Kyburn Investments Ltd v Beca Corporate Holdings Ltd [2015] NZCA 290; 3 NZLR 644 Moohan v S. & R. Motors [Donegal] Ltd [2009] IEHC 391 Opotiki Packing & Coolstorage Ltd v Opotiki Fruitgrowers Co-operative Ltd (In Receivership) [2003] 1 NZLR 205 PT Pukuafu Indah v Newmont Indonesia Ltd [2012] 4 SLR 1157 TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83; 232 FCR 361 Todd Petroleum Mining Co Ltd v Shell (Petroleum Mining) Co Ltd [2014] NZCA 507
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