Uganda Telecom Limited v Hi-Tech Telecom Pty Ltd (No 2) [2011] FCA 206

Uganda Telecom Limited v Hi-Tech Telecom Pty Ltd (No 2) [2011] FCA 206

A foreign monetary arbitral award, when recognised and enforced pursuant to International Arbitration Act 1974 (Cth) s 8, must be given effect by declaration and entry of judgment in the amount awarded, including interest at the rates and periods specified by the arbitrator, and judgment may be entered in a foreign currency as warranted.

Parties
Applicant/cross Respondent: Uganda Telecom Limited; Respondent/cross Claimant: Hi-Tech Telecom Pty Ltd (ACN 098 008 587)
Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Application for Recognition and Enforcement of Foreign Arbitral Award and Cross Claim / Relief and Orders Following Earlier Reasons
Outcome
Judgment in favour of applicant for full amount of arbitral award; declarations made; some directions on pleadings; orders as detailed.
Legal Topics
Recognition and Enforcement of Foreign Arbitral Award, Interpretation of International Arbitration Act 1974 (cth) S 8, Judgment in Foreign Currency
Arbitration International Law Civil Procedure Recognition and Enforcement of Foreign Arbitral Award Interpretation of International Arbitration Act 1974 (cth) S 8 Judgment in Foreign Currency

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Parties

Uganda Telecom Limited

Applicant/cross Respondent

Hi-Tech Telecom Pty Ltd (ACN 098 008 587)

Respondent/cross Claimant

Procedural Posture

Application for Recognition and Enforcement of Foreign Arbitral Award and Cross Claim / Relief and Orders Following Earlier Reasons

Legal Issues

  1. 1 Whether declarations should be made as to the binding nature and enforceability of a foreign arbitral award under International Arbitration Act 1974 (Cth) s 8
  2. 2 Whether a money judgment should be given reflecting the amount awarded in the arbitration
  3. 3 Whether interest should be included at rates awarded by the arbitrator

Ratio Decidendi

A foreign monetary arbitral award, when recognised and enforced pursuant to International Arbitration Act 1974 (Cth) s 8, must be given effect by declaration and entry of judgment in the amount awarded, including interest at the rates and periods specified by the arbitrator, and judgment may be entered in a foreign currency as warranted.

Court Disposition

Judgment in favour of applicant for full amount of arbitral award; declarations made; some directions on pleadings; orders as detailed.

Orders

  • Declaration of binding nature of the Award upon both parties pursuant to International Arbitration Act 1974 (Cth) s 8(1)
  • Declaration of applicant's entitlement to recognition and enforcement of Award as if it were a judgment of the Court under s 8(3)