Federal Court of Australia
Federal Court of Australia
LLC BryanskAgrostroy v Mackies Asia Pacific Pty Limited [2021] FCA 1180 File number: WAD 153 of 2021
Judgment of: COLVIN J
Date of judgment: 29 September 2021
Catchwords: ARBITRATION - application to enforce foreign arbitral award made in Russian Federation as judgment of Court - where dispute between parties referred to arbitration pursuant to arbitration agreement in contract - where arbitrators made award in favour of applicant - where no payment made by respondent in respect of award - whether requirements of s 9 of International Arbitration Act 1974 (Cth) met - application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 52 International Arbitration Act 1974 (Cth) ss 8, 9 Federal Court Rules 2011 (Cth)
Cases cited: Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu [2021] FCA 477 Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: International Commercial Arbitration
Number of paragraphs: 18
Date of hearing: 29 September 2021
Counsel for the Applicant: Mr V Lemaic with Ms L Welmans
Solicitor for the Applicant: Clifford Chance
Counsel for the Respondent: Mr K Kelly
Solicitor for the Respondent: Hilton Bradley Lawyers
ORDERS WAD 153 of 2021
BETWEEN: LLC 'BRYANSKAGROSTROY' Applicant
AND: MACKIES ASIA PACIFIC PTY LIMITED (ACN 132 762 091) Respondent
order made by: COLVIN J DATE OF ORDER: 29 SEPTEMBER 2021
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