Siemens WLL v BIC Contracting LLC [2022] FCA 1029

Siemens WLL v BIC Contracting LLC [2022] FCA 1029

The requirements for enforcement of foreign arbitral awards under the International Arbitration Act 1974 (Cth) have been satisfied, including evidence of authenticated awards and arbitration agreements, and judgment should be entered in Australian dollars as of the date of judgment using appropriate exchange rates. There is no requirement that the seat of arbitration be in a Contracting State.

Parties
First Applicant: Siemens WLL; Second Applicant: Siemens AG; Respondent: BIC Contracting LLC
Jurisdiction
Australia
Judgment Date
30 August 2022
Procedural Posture
Application for Enforcement of Foreign Arbitral Award / Judgment
Outcome
Judgment for the applicants; arbitral awards enforced.
Legal Topics
Enforcement of Foreign Arbitral Awards, Statutory Interpretation, International Arbitration Act 1974 (cth), New York Convention, Currency Conversion in Judgments
Arbitration Commercial Law Enforcement of Foreign Arbitral Awards Statutory Interpretation International Arbitration Act 1974 (cth) New York Convention Currency Conversion in Judgments

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Parties

Siemens WLL

First Applicant

Siemens AG

Second Applicant

BIC Contracting LLC

Respondent

Procedural Posture

Application for Enforcement of Foreign Arbitral Award / Judgment

Legal Issues

  1. 1 Whether the requirements for enforcement of foreign arbitral awards under s 8(3) of the International Arbitration Act 1974 (Cth) are satisfied
  2. 2 What constitutes adequate evidence of authentication and certification under s 9 of the Act
  3. 3 Whether enforcement requires that the award was made in a Contracting State to the New York Convention

Ratio Decidendi

The requirements for enforcement of foreign arbitral awards under the International Arbitration Act 1974 (Cth) have been satisfied, including evidence of authenticated awards and arbitration agreements, and judgment should be entered in Australian dollars as of the date of judgment using appropriate exchange rates. There is no requirement that the seat of arbitration be in a Contracting State.

Court Disposition

Judgment for the applicants; arbitral awards enforced.

Orders

  • Judgment be entered for the applicants against the respondent in the amount of $45,452,098.42.
  • Judgment be entered for the first applicant against the respondent in the amount of $2,823,284.32.