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Australia decisions
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The Court granted only a partial stay in favour of Singapore arbitration, limited to post-8 February 2021 supply contracts, and delayed the arbitration until final judgment.
Partial arbitral awards were enforced as judgments. The Court held SOPA policy was not the kind of public policy that barred enforcement under s 36.
Roadpost Inc v Beam Communications Pty Ltd [2025] FCA 120
The Federal Court enforced a foreign arbitral award and ordered specific performance requiring Beam Communications to sell its Zoleo shares under the joint venture agreement.
Republic of India v CCDM Holdings, LLC [2025] FCAFC 2
The Full Court held India did not waive foreign state immunity by ratifying the New York Convention subject to its commercial reservation, so the enforcement application was set aside.
Guoao Holding Group Co Ltd v Xue (Sentencing) [2024] FCA 1503
Sentencing for contempt arising from breaches of freezing orders resulted in a three-month imprisonment term wholly suspended, with indemnity costs ordered.
ViaSat Inc v Hansen Yuncken Pty Ltd [2024] NSWSC 1581
Leave to appeal from an arbitral award was refused. The Court held the contract dispute was bespoke, not of general public importance, and the award was not open to serious doubt.
CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28
The High Court considered whether an arbitral tribunal was functus officio after a first interim award and whether a court could set aside a later award under s 34(2)(a)(iii).
The High Court upheld the setting aside of an interim arbitral award, holding the tribunal was functus officio after the first award and that review under s 34(2)(a)(iii) is de novo.
The High Court held that South Australian and federal proportionate liability provisions do not apply in arbitration unless the statutory text or context clearly extends them to arbitral proceedings.
Tesseract International Pty Ltd v Pascale Construction Pty Ltd [2024] HCA 24
The High Court held that South Australian proportionate liability laws apply in a domestic commercial arbitration, and allowed the appeal.
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