Foreign award enforceable against company in liquidation - .PDF file.
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  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…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.