King & Wood Mallesons

Asia-Pacific 100 position: 3

Foreign award enforceable against company in liquidation

On 19 April 2013, the Federal Court of Australia handed down its judgment in Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd [2013] FCA 356. The court enforced a foreign award against a company in liquidation, in the latest evidence of Australia’s pro-arbitration environment.

The applicant creditor sought to enforce an arbitral award made in China by the China International Economic and Trade Arbitration Commission (“CIETAC”). The respondent debtor, an Australian company, had liquidators appointed about one week after proceedings commenced.

The question for Justice Foster of the Federal Court of Australia was whether an arbitral award made in China should be enforced against an Australian company in liquidation…

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