Aircraft Support Industries Pty Ltd v William Hare UAE LLC

(2015) 298 FLR 183; [2015] NSWCA 229

NSW Court of Appeal

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Interrogate

Catchwords

1. Arbitration
2. › International commercial arbitration
3. › Enforcement of foreign award
4. › Breach of rules of natural justice
5. › Whether real practical unfairness and injustice demonstrated
6. › Whether arbitrators required to deal with mere assertions unsupported by argument
7. › International Arbitration Act 1974 (Cth), s 8(7A)
1. Arbitration
2. › International commercial arbitration
3. › Enforcement of foreign award
4. › Severance
5. › Partial enforcement of award
6. › Whether s 8(7A) restricts power to sever and partially enforce
7. › Whether void portion clearly separate and divisible
8. › International Arbitration Act 1974 (Cth), ss 8(6), 8(7), 8(7A)
1. Arbitration
2. › International commercial arbitration
3. › Enforcement of foreign award
4. › Adequacy of reasons
5. › Standard for reasoned award
6. › Whether arbitrators gave adequate reasons for award

Quick Take

A party resisting enforcement of a foreign arbitral award on natural justice grounds under s 8(7A) of the International Arbitration Act 1974 (Cth) must demonstrate real practical unfairness and real practical injustice; mere assertion that an argument was raised but not dealt with is insufficient where the argument was not clearly articulated or supported by submissions. Section 8(7A) does not restrict the power to partially enforce an award where the void portion is clearly separate and divisible from the enforceable portion.