TRANSPAC CAPITAL PTE LIMITED v BUNTORO [2008] NSWSC 671

TRANSPAC CAPITAL PTE LIMITED v BUNTORO [2008] NSWSC 671

The Bond Subscription Agreement and Investment Agreement were agreements in writing containing arbitration clauses referring disputes to the Singapore International Arbitration Centre and were arbitration agreements for the purposes of the International Arbitration Act 1974 (Cth). The Final Award was made in Singapore pursuant to those arbitration agreements, Singapore was a Convention country, and the plaintiff produced certified copies of the award and agreements satisfying s.9. As the defendant did not appear or prove any s.8(5) ground, and there was no evidence supporting refusal or adjournment under ss.8(7) or 8(8), the award was to be recognised and enforced as if made in New South...

Jurisdiction
Australia
Judgment Date
07 July 2008
Procedural Posture
Application for Leave to Enforce a Foreign Arbitral Award Under S.8 of the International Arbitration Act 1974 (cth) / Undefended Hearing of Application for Leave to Enforce Award
Outcome
Leave granted to enforce the Final Award of the Singapore International Arbitration Centre; judgment entered for the plaintiff in the total sum of AUD 8,763,090.85; defendant ordered to pay costs as agreed or assessed.
Legal Topics
['enforcement of Foreign Arbitral Awards' 'international Arbitration Act 1974 (cth)' 'new York Convention' 'arbitration Agreements' 'recognition and Enforcement Formalities' 'public Policy Grounds for Refusal']
['practice and Procedure' 'international Arbitration'] ['enforcement of Foreign Arbitral Awards' 'international Arbitration Act 1974 (cth)' 'new York Convention' 'arbitration Agreements' 'recognition and Enforcement Formalities' 'public Policy Grounds for Refusal']

Case Brief

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Procedural Posture

Application for Leave to Enforce a Foreign Arbitral Award Under S.8 of the International Arbitration Act 1974 (cth) / Undefended Hearing of Application for Leave to Enforce Award

Legal Issues

  1. 1 ['Whether the Bond Subscription Agreement and Investment Agreement were arbitration agreements for the purposes of the International Arbitration Act 1974 (Cth).' 'Whether the Singapore International Arbitration Centre award was a foreign award for the purposes of the International Arbitration Act 1974 (Cth).' 'Whether the plaintiff satisfied the formal conditions for recognition and enforcement of the foreign award.' 'Whether any ground existed for refusing or adjourning recognition and enforcement of the award.']

Ratio Decidendi

The Bond Subscription Agreement and Investment Agreement were agreements in writing containing arbitration clauses referring disputes to the Singapore International Arbitration Centre and were arbitration agreements for the purposes of the International Arbitration Act 1974 (Cth). The Final Award was made in Singapore pursuant to those arbitration agreements, Singapore was a Convention country, and the plaintiff produced certified copies of the award and agreements satisfying s.9. As the defendant did not appear or prove any s.8(5) ground, and there was no evidence supporting refusal or adjournment under ss.8(7) or 8(8), the award was to be recognised and enforced as if made in New South...

Court Disposition

Leave granted to enforce the Final Award of the Singapore International Arbitration Centre; judgment entered for the plaintiff in the total sum of AUD 8,763,090.85; defendant ordered to pay costs as agreed or assessed.

Orders

  • ['Leave be granted to enforce the Award, being the Final Award of the Singapore International Arbitration Centre number ARB 057 of 2005, dated 20 August 2007, in this Court as if the Award had been made in this State in accordance with the laws of this State and in the same manner as a judgment of this Court with...