First Solar (Australia) Pty Ltd, in the matter of Lyon Infrastructure Investments Pty Ltd v Lyon Infrastructure Investments Pty Ltd (No 2) [2021] FCA 109

Federal Court of Australia

First Solar (Australia) Pty Ltd, in the matter of Lyon Infrastructure Investments Pty Ltd v Lyon Infrastructure Investments Pty Ltd (No 2) [2021] FCA 109 File number: NSD 1652 of 2017

Judgment of: STEWART J

Date of judgment: 18 February 2021

Catchwords: ARBITRATION – domestic commercial arbitration – application for order in the terms of the award pursuant to s 54(1) of the Federal Court of Australia Act 1976 (Cth) – where no order was made referring a proceeding or part of it to arbitration pursuant to s 53A(1) – where parties by consent sought a stay of the proceeding pending the determination of the arbitration – whether consent orders for the stay should be varied to add an order under s 53A(1) – whether the award is "in relation to a matter in which the Court has original jurisdiction" pursuant to s 54(1) and r 28.14(1) of the Federal Court Rules 2011 (Cth) – controversy submitted to arbitration is a federal matter – dispensing with certain formal requirements – money judgment in the terms of the award granted

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) s 18 Corporations Act 2001 (Cth) s 471B Federal Court of Australia Act 1976 (Cth) ss 53A(1)–(1A), 53AA, 54 International Arbitration Act 1974 (Cth) Pts II–IV, Schs 1–3 Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) rr 28.14, 41.06 Commercial Arbitration Act 2010 (NSW) ss 1, 35 Commercial Arbitration Act 1984 (NSW) s 33 (repealed) Arbitration Act 1996 (UK) s 101 Arbitration Act 1950 (UK) s 26(1) (repealed) Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Opened for signature 10 June 1958. 330 UNTS 3 Art 1 (entered into force 7 June 1959) Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Opened for signature 18 March 1965. 575 UNTS 159 (entered into force 14 October 1966) 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 on 7 July 2006)