Federal Court of Australia
Federal Court of Australia
HongKong Henson Industrial Limited v Victorian Ferries Pty Ltd [2021] FCA 1450 File number: QUD 297 of 2021
Judgment of: COLVIN J
Date of judgment: 18 November 2021
Date of publication of reasons: 19 November 2021
Catchwords: ARBITRATION - application to enforce foreign arbitral award made in Singapore as judgment of Court - where arbitration agreement contained in contract executed by parties by electronically exchanging printed and scanned versions of agreement which were signed and sealed - where applicant unable to produce original version or certified copy of arbitral agreement - where arbitrator made award in favour of applicant - whether requirements of s 9 of International Arbitration Act 1974 (Cth) - application allowed
Legislation: Electronic Transactions Act 1999 (Cth) s 11 Federal Court of Australia Act 1976 (Cth) s 52 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: Queensland
National Practice Area: Commercial and Corporations
Sub-area: International Commercial Arbitration
Number of paragraphs: 19
Date of hearing: 18 November 2021
Counsel for the Applicant: Mr SS Monks
Solicitor for the Applicant: King & Wood Mallesons
Counsel for the Respondent: The Respondent did not appear
ORDERS QUD 297 of 2021
BETWEEN: HONGKONG HENSON INDUSTRIAL LIMITED Applicant
AND: VICTORIAN FERRIES PTY LTD Respondent
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