International Relief and Development Inc v Ladu [2014] FCA 887

International Relief and Development Inc v Ladu [2014] FCA 887

Mr Ladu did not prove on the balance of probabilities that he was not given proper notice of the appointment of the arbitrator or the arbitration proceedings. The evidence established that notice was given both to his legal representative and to an email address associated with him as the 'Prime' contact person for his company. There was no breach of the rules of natural justice, nor was enforcement contrary to public policy. Accordingly, the foreign arbitral award should be enforced under s 8(3) of the International Arbitration Act 1974 (Cth).

Jurisdiction
Australia
Judgment Date
20 August 2014
Procedural Posture
Application to Enforce Foreign Arbitral Award / Judgment on Application for Enforcement
Outcome
Order for enforcement of foreign arbitral award granted.
Legal Topics
['enforcement of Foreign Arbitral Awards' 'notice Requirements in Arbitration' 'natural Justice in Arbitral Proceedings' 'public Policy and Arbitral Enforcement']
['arbitration' 'international Law' 'employment Law'] ['enforcement of Foreign Arbitral Awards' 'notice Requirements in Arbitration' 'natural Justice in Arbitral Proceedings' 'public Policy and Arbitral Enforcement']

Case Brief

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Procedural Posture

Application to Enforce Foreign Arbitral Award / Judgment on Application for Enforcement

Legal Issues

  1. 1 ['Whether respondent was given proper notice of the appointment of arbitrator or arbitration proceedings under s 8(5)(c) of the International Arbitration Act 1974 (Cth)' 'Whether a breach of the rules of natural justice occurred in connection with the making of the arbitral award so as to attract s 8(7) and s 8(7A)(b) of the International Arbitration Act 1974 (Cth)' 'Whether enforcement of the award would be contrary to public policy under s 8(7)(b)']

Ratio Decidendi

Mr Ladu did not prove on the balance of probabilities that he was not given proper notice of the appointment of the arbitrator or the arbitration proceedings. The evidence established that notice was given both to his legal representative and to an email address associated with him as the 'Prime' contact person for his company. There was no breach of the rules of natural justice, nor was enforcement contrary to public policy. Accordingly, the foreign arbitral award should be enforced under s 8(3) of the International Arbitration Act 1974 (Cth).

Court Disposition

Order for enforcement of foreign arbitral award granted.

Orders

  • ['Pursuant to section 8(3) of the International Arbitration Act 1974 (Cth), the foreign arbitral award dated 21 July 2011 is enforced in the Federal Court of Australia as if it were a judgment or order of the Court.']