Recognition and Enforcement of Foreign Maritime Arbitral Awards in Australia Peter McQueen FCIArb Chair, Australian Maritime and Transport Arbitration Commission (AMTAC) November 2013

International Arbitration Act 1974 Pro-arbitration and pro-enforcement policy Leading edge legislation – 2010 amendments New York Convention – Schedule 1 Model Law with 2006 amendments – Schedule 2

International Arbitration Act 1974 Enforcement of New York Convention awards – Part II Enforcement of non-New York Convention awards under Model Law – Part III Definition of “foreign award” “Arbitral award” and “arbitration agreement ”

Scheme for recognition and enforcement Award and arbitration agreement - onus of proof on award creditor – section 9 Grounds for refusal of enforcement – sections 8(5)(a-f) and 8(7) No residual discretion – section 8(3A) “contrary to public policy” clarification – section 8(7A) Requirement of courts to have regard to objects of Act – sections 39(2) and 2D Grounds against enforcement – onus of proof on award debtor

Australian Jurisprudence Foreign awards relating to voyage charterparty disputes in respect of Australian export and import cargo are enforceable in Australia Federal Court of Australia – Dampskibsselskabet Norden A/S v Gladstone Civil Pty Ltd [2013] FCAFC 107 – 18 September 2013 Decision – a voyage charterparty is not a “sea carriage document” in context of section 11 of Australian COGSA A win for rights of commercial parties to negotiate freely terms on which to resolve disputes arising under voyage charterparties under arbitration in their chosen place

Australian Jurisprudence Pro-enforcement approach to foreign arbitral awards Federal Court of Australia – Gujarat NRE Coke Limited v Coeclerici Asia (Pte) Ltd [2013] FCAFC 109 – 30 September 2013 Decision – affirmation of supervising court’s holding of no denial of procedural fairness by tribunal as no breach of rules of natural justice and reasonable opportunity to present case given Inappropriateness of enforcement court in New York Convention country reaching different conclusion from that reached by supervising court

Contact Australian Maritime and Transport Arbitration Commission Level 16, 1 Castlereagh Street Sydney NSW 2000 Australia T: +61 (0) F:+61 (0) E: