Parties to international commercial arbitration agreements entered into before 6 July 2010 that expressly adopted the Commercial Arbitration Act 1985 (WA) as the curial law validly opted out of the UNCITRAL Model Law in its entirety, including its enforcement provisions, and the 2010 amendments to the IAA did not retrospectively alter that position for arbitrations already underway. An order granting leave to enforce an arbitral award under s 33 of the CAA is a final order, not interlocutory. A party that fails to raise a jurisdictional challenge before the primary judge will generally not be permitted to raise it for the first time on appeal where the respondent would be prejudiced by the loss of opportunity to seek alternative relief.
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14 of the 43 citing cases carry a classified treatment. How each court treated it is available to signed-in members.