Federal Court of Australia
Federal Court of Australia
Siemens WLL v BIC Contracting LLC [2022] FCA 1029 File number: NSD 1152 of 2021
Judgment of: STEWART J
Date of judgment: 30 August 2022
Date of publication of reasons: 2 September 2022
Catchwords: ARBITRATION – application for enforcement of foreign arbitral award under s 8(3) of the International Arbitration Act 1974 (Cth) – where award debtor has not appeared – sufficiency of evidence of duly authenticated original award and original arbitration agreement – where awards transmitted by email only – where awards for sums are in foreign currency – where judgment is sought in Australian dollars – appropriate date for conversion STATUTORY INTERPRETATION – International Arbitration Act 1974 (Cth) – whether enforcement of a foreign award requires that the award was made in a Contracting State to the New York Convention
Legislation: International Arbitration Act 1974 (Cth) ss 3(1), 8, 9, Sch 1 Art I Federal Court Rules 2011 (Cth) r 28.44 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) Accession by Australia, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 962 UNTS 364 Accession by the United States of America, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 751 UNTS 398
Cases cited: ACN 006 397 413 Pty Ltd v International Movie Group (Canada) Inc [1997] 2 VR 31 China Sichuan Changhong Electric Co Ltd v CTA International Pty Ltd [2009] FCA 397 EBJ21 v EBO21 [2021] FCA 1406; 395 ALR 310 HongKong Henson Industrial Ltd v Victorian Ferries Pty Ltd [2021] FCA 1450 Kingdom of Spain v Infrastructure Services Luxembourg Sàrl (No 3) [2021] FCAFC 112; 392 ALR 443 TCL Air Conditioner (Zhongshan) Co Ltd v Judges of the Federal Court of Australia [2013] HCA 5; 251 CLR 533 Tianjin Jishengtai Investment Consulting Partnership Enterprise v Huang [2020] FCA 767 Transpac Capital Pte Ltd v Buntoro [2008] NSWSC 671 Trina Solar (US) Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6; 247 FCR 1
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