Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
StoneX Financial Inc. v Ambrose (No 2) [2024] FCA 501 File number(s): QUD 507 of 2023
Judgment of: SARAH C DERRINGTON J
Date of judgment: 7 May 2024
Catchwords: ARBITRATION – application to enforce arbitral award in Australia under International Arbitration Act 1974 (Cth) – declaration that applicant entitled to enforce award of the National Futures Association as if a judgment of the Court – where award made in the United States of America – where award remains unsatisfied – interlocutory application opposing enforcement of award – whether provisions of written arbitration agreement regarding notice and public policy breached – whether grounds under s 8(5)(c) and 8(7)(b) or any other grounds for refusal to enforce award demonstrated – enforcement of award under s 8(3) of the International Arbitration Act PUBLIC INTERNATIONAL LAW – New York Convention – where Australia and the United States of America have adopted the Convention – where Article 3 requires Australia to recognise and enforce arbitral awards to which the Convention applies PRACTICE AND PROCEDURE – judgment for enforcement sought in terms of arbitral award – persuasive onus on applicant – where respondents did not appear at final hearing – indemnity costs
Legislation: International Arbitration Act 1974 (Cth) ss 3(1), 8, 8(3), 8(5), 8(7), 9, 9(1) Federal Court Rules 2011 (Cth) rr 28.44(2), 28.44(3), 4.05(2)
Cases cited: International Relief and Development Inc v Ladu [2014] FCA 887 Siemens WLL v BIC Contracting LLC [2022] FCA 1029
Division: General Division
Registry: Queensland
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