EBJ21 v EBO21 [2021] FCA 1406

Federal Court of Australia

EBJ21 v EBO21 [2021] FCA 1406 File number(s): NSD 403 of 2021

Judgment of: STEWART J

Date of judgment: 12 November 2021

Catchwords: ARBITRATION – international arbitration – recognition of an award under the UNCITRAL Model Law – where the pecuniary obligations in the award have been paid – where there is no dispute about the validity or efficacy of the award – whether Art 35 of the Model Law requires orders recognising the award when no Art 36 ground is established – whether declaration recognising the award is justified or required – whether money judgment on the award would be enforcement of the award – whether money judgment on an award that has been paid is available ARBITRATION – international arbitration – obligations of confidentiality with respect to arbitration proceedings – where confidentiality protected by contractual provisions and the International Arbitration Act 1974 (Cth) – whether disclosure of confidential information by bringing proceeding for recognition of an award is within contractual and statutory exceptions to confidentiality PRACTICE AND PROCEDURE – application for suppression orders of all confidential information in relation to arbitral proceedings – whether suppression orders are necessary to prevent prejudice to the proper administration of justice if there is no legitimate purpose for recognition orders

Legislation: Civil Law and Justice (Omnibus Amendments) Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 37AE, 37AF, 37AG 37AI, 37AJ International Arbitration Act 1974 (Cth) ss 3, 8, 15, 16, 18, 22, 23B, 23C, 23D, 23E, 23F, 23G, 35, Sch 1, 2 Federal Court Rules 2011 (Cth) r 2.32 ACICA Arbitration Rules 2016 rr 22.2, 38.2, 40(e) 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) (ICSID Convention) Convention on the Recognition and Enforcement of Foreign Arbitral Awards opened for signature 10 June 1958, 330 UNTS 3 (entered into force 7 June 1959) (New York Convention) Arts 54, 56 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) Arts 1, 20, 30, 31, 35, 36