Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676

Neptune Wellness Solutions, Inc v Azpa Pharmaceuticals Pty Ltd [2021] FCA 676

The evidence established the arbitration agreement, production of duly certified copies of the agreement and award, that Canada is a party to the Convention, that the respondents participated in the arbitration, that the award was made in Montreal, Canada on 15 February 2021, and that no payment had been made. The requirements of s 9 of the International Arbitration Act 1974 (Cth) were met, so the award was a foreign award enforceable in Australia as if it were a judgment of the Court, with judgment expressed in Australian currency.

Jurisdiction
Australia
Judgment Date
21 June 2021
Procedural Posture
Application to Enforce Foreign Arbitral Award as Judgment of the Court / Final Hearing of Application
Outcome
Application allowed; foreign arbitral award recognised and enforced as judgment of the Court.
Legal Topics
['enforcement of Foreign Arbitral Award' 'international Arbitration Act 1974 (cth)' 'convention on the Recognition and Enforcement of Foreign Arbitral Awards' 'currency Conversion of Arbitral Award']
['arbitration' 'international Commercial Arbitration'] ['enforcement of Foreign Arbitral Award' 'international Arbitration Act 1974 (cth)' 'convention on the Recognition and Enforcement of Foreign Arbitral Awards' 'currency Conversion of Arbitral Award']

Case Brief

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

Application to Enforce Foreign Arbitral Award as Judgment of the Court / Final Hearing of Application

Legal Issues

  1. 1 ['Whether the requirements of s 9 of the International Arbitration Act 1974 (Cth) were met.' 'Whether the Canadian arbitral award was a foreign award that Neptune was entitled to have recognised and enforced in Australia.' 'Whether the award should be enforced as a judgment of the Court in Australian currency.']

Ratio Decidendi

The evidence established the arbitration agreement, production of duly certified copies of the agreement and award, that Canada is a party to the Convention, that the respondents participated in the arbitration, that the award was made in Montreal, Canada on 15 February 2021, and that no payment had been made. The requirements of s 9 of the International Arbitration Act 1974 (Cth) were met, so the award was a foreign award enforceable in Australia as if it were a judgment of the Court, with judgment expressed in Australian currency.

Court Disposition

Application allowed; foreign arbitral award recognised and enforced as judgment of the Court.

Orders

  • ['Pursuant to s 8(3) of the International Arbitration Act 1974 (Cth), the applicant is entitled to enforce against the respondents a foreign arbitral award made in Montreal, Canada on 15 February 2021 as if the award were a judgment of the Court.' 'There be judgment in favour of the applicant against the respondents...