Aircraft Support Industries Pty Ltd v William Hare UAE LLC [2015] NSWCA 229

Aircraft Support Industries Pty Ltd v William Hare UAE LLC [2015] NSWCA 229

There was no breach of natural justice in the making of the award for retention monies as Aircraft Support did not clearly articulate or pursue their defence on the necessity of a formal contract variation; the arbitral tribunal provided sufficient reasons, and the obligations of natural justice were met. Section 8(7A) of the International Arbitration Act 1974 (Cth) does not prohibit partial enforcement by severance, so long as no injustice results. The Court thus has power to partially enforce the award.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Appeal / Judgment on Appeal From Order Enforcing Arbitral Award
Outcome
Appeal dismissed.
Legal Topics
['enforcement of Foreign Arbitral Awards' 'natural Justice' 'severance of Arbitral Awards' 'partial Enforcement' 'public Policy Exceptions']
['arbitration' 'international Commercial Arbitration'] ['enforcement of Foreign Arbitral Awards' 'natural Justice' 'severance of Arbitral Awards' 'partial Enforcement' 'public Policy Exceptions']

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Procedural Posture

Appeal / Judgment on Appeal From Order Enforcing Arbitral Award

Legal Issues

  1. 1 ['Whether there was a denial of natural justice in the making of the award for retention monies' 'Whether the award was capable of severance permitting partial enforcement']

Ratio Decidendi

There was no breach of natural justice in the making of the award for retention monies as Aircraft Support did not clearly articulate or pursue their defence on the necessity of a formal contract variation; the arbitral tribunal provided sufficient reasons, and the obligations of natural justice were met. Section 8(7A) of the International Arbitration Act 1974 (Cth) does not prohibit partial enforcement by severance, so long as no injustice results. The Court thus has power to partially enforce the award.

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.' "The appellant pay the respondent's costs of the appeal."]