Pluto Shipowning Inc v Able Glory Maritime Co Ltd [2019] FCA 1836

The partial final award met all statutory requirements for enforceability; no basis in s 8(5) or (7) of the International Arbitration Act to resist enforcement was identified; therefore, the award is to be enforced as an order of the Court.

Jurisdiction: Australia
Judgment Date: 10 October 2019
Procedural Posture: Application to Enforce Foreign Arbitral Award / Judgment
Outcome: Partial final arbitration award enforceable as an order of the Court.
Legal Topics: ['enforcement of Foreign Arbitral Awards' 'recognition of Arbitral Awards' 'maritime Liens' 'charterparty Disputes']

['arbitration' 'admiralty and Maritime'] ['enforcement of Foreign Arbitral Awards' 'recognition of Arbitral Awards' 'maritime Liens' 'charterparty Disputes']

Case Brief

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Procedural Posture

Application to Enforce Foreign Arbitral Award / Judgment

Legal Issues

1 ['Whether the partial final arbitration award made in London is enforceable under s 8(3) of the International Arbitration Act 1974 (Cth)' 'Whether there is any basis under s 8(5) or (7) of the International Arbitration Act 1974 (Cth) not to enforce the award']

Ratio Decidendi

Court Disposition

Partial final arbitration award enforceable as an order of the Court.

Orders

['The first partial final arbitration award dated 3 January 2018 in the arbitration between Pluto Shipowning Inc and Able Glory Maritime Co Limited is enforceable pursuant to s 8(3) of the International Arbitration Act 1974 (Cth).']