Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767

FEDERAL COURT OF AUSTRALIA

Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767 File number: NSD 1583 of 2019

Judge: JAGOT J

Date of judgment: 14 May 2020

Date of publication of reasons: 3 June 2020

Catchwords: ARBITRATION – application to enforce award made in People's Republic of China – where respondent alleged copies of arbitral agreement and award were not certified correctly –s 9(5) of the International Arbitration Act 1974 (Cth) – mere production of a document to the Court is receivable as prima facie evidence of the matters to which it relates – where hearsay provisions do not apply to witness statement – where dispute as to form of orders resulting from arbitral award – applicant entitled to declaration to enforce arbitral award as if judgment of Federal Court – judgment to be calculated in Australian dollars at official exchange rate – application granted

Legislation: Evidence Act 1995 (Cth) s 190(3) Federal Court of Australia Act 1976 (Cth) ss 45(2), 51(A) Federal Court Rules 2011 (Cth) rr 28.44, 28.50 International Arbitration Act 1974 (Cth) ss 2D, 8, 8(3), 9, 9(1), 9(1)(a), 9(1)(b), 9(5), 10(1), 39 Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Opened for signature 10 June 1958. UNTS 330 (entered into force 7 June 1959)

Cases cited: Suzlon Energy Ltd v Bangad (No 2) [2014] FCA 1173 Traxys Europe SA v Balaji Coke Industry Pvt Ltd (No 2) [2012] FCA 276; [2012] 201 FCR535 Uganda Telecom Ltd v Hi-Tech Telecom Pty Ltd [2011] FCA 131, (2011) 277 ALR 415 Uganda Telecom Ltd v Hi-Tech Telecom Pty Ltd (No 2) [2011] FCA 206; 277 ALR 441 Ye v Zeng (No 4) [2016] FCA 386 Ye v Zeng (No 5) [2016] FCA 850