King & Wood Mallesons

Asia-Pacific 100 position: 2

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…

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.


Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Level 61, Governor Phillip Tower
1 Farrer Place
NSW 2000

Jurisdiction: PRC/Australia
No. of offices: 19
No. of qualified lawyers: 1,634