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Enforcing foreign arbitral awards in Australia against non-signatories of the arbitration agreement

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posted on 2023-06-08, 18:20 authored by Sirko HarderSirko Harder
This article investigates two questions that may arise in Australian proceedings for the enforcement of a foreign arbitral award where the award-debtor is not named in the relevant arbitration agreement and asserts that it is not a party to that agreement. The first question that may be contested in those circumstances is whether the award-debtor is for some reason precluded from denying its privity to the relevant arbitration agreement. Where this is not the case, the allocation of the onus of proof with regard to the award-debtor’s privity to the agreement may become relevant. In the context of investigating these two questions, this article discusses the views expressed in IMC Aviation Solutions Pty Ltd v Altain Khuder LLC, decided in 2011 by Croft J as trial judge and then by the Victorian Court of Appeal.

History

Publication status

  • Published

File Version

  • Published version

Journal

Asian International Arbitration Journal

ISSN

1574-3330

Publisher

Kluwer Law International

Issue

2

Volume

8

Page range

131-160

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2014-09-22

First Open Access (FOA) Date

2014-09-22

First Compliant Deposit (FCD) Date

2014-09-22

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