Case Law
Australia / 01 November 2010 / Australia, Supreme Court of New South Wales / FG Hemisphere Associates LLC v. Democratic Republic of Congo / 2009/298610
| Country | Australia |
| Court | Australia, Supreme Court of New South Wales |
| Date | 01 November 2010 |
| Parties | FG Hemisphere Associates LLC v. Democratic Republic of Congo |
| Case number | 2009/298610 |
| Applicable NYC Provisions | II | I | II(2) | I(2) |
| Source |
[2010] NSWSC 1394, online: AustLII |
| Languages | English |
| Summary | The plaintiff was an American entity. It sought enforcement in the Supreme Court of New South Wales pursuant to s 8(2) of the International Arbitration Act 1974 (Cth) (“the Act”) (providing for the enforcement of NYC awards, as defined by the Act, in a court of a State or Territory as if the award were a judgment or order of that court) of two awards rendered in its favour against the defendant State in arbitrations conducted in Switzerland and France in accordance with the Rules of Arbitration of the International Chamber of Commerce. The Supreme Court granted enforcement. In so ruling, it found that each award satisfied the Act’s definition of “foreign award” (that is, an arbitral award rendered in pursuance of an arbitration agreement in a country other than Australia and in relation to which the NYC applied), noting that the terms “arbitral award” and “agreement in writing” had the same meaning under the Act as in Article I(2) and Article II(2) NYC. Moreover, it observed that each of Switzerland and France was a Contracting State to the NYC and was thus a “Convention country” for the purposes of the Act. Accordingly, it concluded that each award could be enforced by the Court under the Act as if it were a judgment of the Court. |
Attachment (1)
 Original Language Adobe Acrobat PDF |
