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  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.
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Since before the operational commencement of the PPSA 2009 (Cth) in January 2012, and certainly since then, law firms have been settling their position on the many issues it raises.
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