Lahoud v The Democratic Republic of Congo [2017] FCA 982

Lahoud v The Democratic Republic of Congo [2017] FCA 982

The applicants complied with all procedural and jurisdictional requirements under the International Arbitration Act 1974 (Cth) and Federal Court Rules 2011, and the ICSID award and annulment decision could be recognised and enforced as judgments of the Court under s 35(4).

Jurisdiction
Australia
Judgment Date
08 August 2017
Procedural Posture
Application for Recognition and Enforcement of Arbitral Awards / Judgment on Application for Recognition and Enforcement of ICSID Awards
Outcome
Application granted; ICSID Award and Annulment Decision recognised and enforceable as judgments of the Court; respondent to pay costs.
Legal Topics
['recognition and Enforcement of Arbitral Awards' 'icsid Convention' 'sovereign Immunity' 'international Arbitration Act 1974 (cth)']
['arbitration' 'international Law' 'commercial Law'] ['recognition and Enforcement of Arbitral Awards' 'icsid Convention' 'sovereign Immunity' 'international Arbitration Act 1974 (cth)']

Case Brief

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Procedural Posture

Application for Recognition and Enforcement of Arbitral Awards / Judgment on Application for Recognition and Enforcement of ICSID Awards

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to recognise and enforce ICSID arbitral awards under s 35(4) of the International Arbitration Act 1974 (Cth)' 'Whether the requirements under the Federal Court Rules 2011 for recognition of ICSID awards are satisfied' "Whether an annulment decision refusing annulment is within the definition of 'award' under the Act"]

Ratio Decidendi

The applicants complied with all procedural and jurisdictional requirements under the International Arbitration Act 1974 (Cth) and Federal Court Rules 2011, and the ICSID award and annulment decision could be recognised and enforced as judgments of the Court under s 35(4).

Court Disposition

Application granted; ICSID Award and Annulment Decision recognised and enforceable as judgments of the Court; respondent to pay costs.

Orders

  • ['Pursuant to s 35(4) of the International Arbitration Act 1974 (Cth), the applicants have leave to have the ICSID awards recognised and enforced as if judgments of the Court.' "Respondent to pay the applicants' costs of the proceeding as agreed or assessed."]