King & Wood Mallesons

Asia-Pacific 100 position: 3

Arbitration in Australia: an arbitrator’s right to be wrong

The High Court of Australia has handed down its judgment in TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5. The court upheld the procedure for enforcing an arbitral award under Australian legislation, which is largely equivalent to that under the UNCITRAL Model Law on International Commercial Arbitration. It also upheld the constitutional validity of the limited grounds for allowing a party to resist enforcement of an arbitral award under the Model Law.

The High Court of Australia has handed down its first decision considering the 2011 amendments to the International Arbitration Act 1974 (Cth) (IAA). The Court indicated that it views arbitration and the enforcement of arbitral awards as an important component of a modern and efficient dispute resolution system, which is required for the smooth operation of international commerce…

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