Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676

Federal Court of Australia

Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676 File number: VID 208 of 2021

Judgment of: COLVIN J

Date of judgment: 21 June 2021

Catchwords: ARBITRATION - application to enforce foreign arbitral award made in Canada as judgment of Court - where distributorship agreement contained arbitration agreement for arbitration in Quebec - where arbitrator made award in favour of applicant - where no payment made by respondents in respect of award - where respondents did not appear - whether requirements of s 9 of International Arbitration Act 1974 (Cth) met - application allowed

Legislation: International Arbitration Act 1974 (Cth) ss 8, 9

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

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: International Commercial Arbitration

Number of paragraphs: 10

Date of hearing: 21 June 2021

Counsel for the Applicant: Mr P Kulevski

Solicitor for the Applicant: Corrs Chambers Westgarth

Counsel for the Respondents: The Respondents did not appear

ORDERS VID 208 of 2021

BETWEEN: NEPTUNE WELLNESS SOLUTIONS, INC Applicant

AND: AZPA PHARMACEUTICALS PTY LTD First Respondent

ACN 137 395 003 PTY LTD (FORMERLY KNOWN AS AZPA PTY LTD) Second Respondent

order made by: COLVIN J DATE OF ORDER: 21 JUNE 2021

THE COURT DECLARES THAT:

1. Pursuant to s 8(3) of the International Arbitration Act 1974 (Cth), the applicant is entitled to enforce against the respondents a foreign arbitral award made in Montreal, Canada on 15 February 2021 as if the award were a judgment of the Court.