Emerald Grain Australia Pty Ltd v Agrocorp International Pte Ltd [2014] FCA 414

Emerald Grain Australia Pty Ltd v Agrocorp International Pte Ltd [2014] FCA 414

The application failed because none of the findings challenged were made absent probative evidence; the Tribunal relied on material and submissions before it, and Emerald Grain did not demonstrate a breach of the hearing rule as required. The rules of natural justice were not violated in the context of international...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 April 2014
Procedural Posture
Originating Application to Set Aside Arbitral Award / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
['set Aside of Arbitral Award' 'public Policy—natural Justice' 'application of UNCITRAL Model Law']
['arbitration' 'practice and Procedure'] ['set Aside of Arbitral Award' 'public Policy—natural Justice' 'application of UNCITRAL Model Law']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Originating Application to Set Aside Arbitral Award / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the arbitral award conflicted with public policy of Australia under Article 34(2)(b)(ii) of the UNCITRAL Model Law' 'Whether the award contravened the rules of natural justice (no evidence and hearing rule)' 'Whether findings were made in absence of probative evidence']

Ratio Decidendi

The application failed because none of the findings challenged were made absent probative evidence; the Tribunal relied on material and submissions before it, and Emerald Grain did not demonstrate a breach of the hearing rule as required. The rules of natural justice were not violated in the context of international arbitration and the policy of upholding arbitral awards prevailed.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']