Enforcement of a Domestic Arbitration Award

Our Mr White was the arbitrator in this matter.

Commercial Arbitration Act s33B(1)

His costs awards of approximately $1m were upheld.

Our Mr White was the arbitrator in this matter.

Commercial Arbitration Act 2010 (NSW), ss 35 and 36 - Award by arbitrator declaring a constructive trust, ordering specific performance of a Licencing Agreement and requiring the defendant to take steps - recognition and enforcement opposed on the basis that part of the Award dealt with the dispute not contemplated by or falling within the terms of arbitration and that recognition and enforcement of parts of the Award would be contrary to the public policy of this State - orders for recognition and enforcement made

Our Mr White was the arbitrator in this matter.

Corporations Act 2001 (Cth), s440D - an application for leave to bring and continue proceedings against a company in voluntary administration for recognition and enforcement of an arbitral award pursuant to Commercial Arbitration Act 2010 (NSW) s 35 - nature of discretion to be exercised - relevant circumstances - leave granted

In this case the Court found that the margin lending agreements which provided that the parties

“will first try to settle any dispute they have by arbitration”

did not provide for an arbitration that would be a mere dress rehearsal before litigation.