Learning & events

On demand | Webinar | Enforceable or unenforceable arbitral awards: is the cat in the box dead or alive?

with Dov Silberman and Yuriy Netrusov

On demand | Online
“Offering considered discussion and resource"

Enforceable or unenforceable arbitral awards: is the cat in the box dead or alive?

This webinar helps practitioners to better understand the principles that underpin the recognition and enforcement of arbitral awards in Australia. It also assists arbitrators in delivering their awards, giving consideration to recent developments in Australian arbitration law.

Dov Silberman and Yuriy Netrusov share their recent first-hand experiences in preparing and arguing superior court and appeal proceedings to enforce an arbitral award pursuant to section 35 of the State Commercial Arbitration Acts. They also cover new developments in this area:

  • The procedural steps that were followed in the recognition and enforcement of an arbitration award under the Commercial Arbitration Act in our recent cases: Tayar v Feldman [2020] VSC 66, Feldman v Tayar [2021] VSCA 185 and currently in Feldman v Tayar (High Court) M47/2021.
  • What makes an arbitration domestic under the Act: the meaning and scope of s 1(3)(b) and its connection with the recognition and enforcement of the award under s 35.
  • What are the limits of s 4 of the Act in relation to waiver?
  • The scope of the requirements of the arbitration agreement to be in writing pursuant to s 7 of the Act.
  • What level of reasons is required from arbitrators in order to make an award recognised and enforceable in Australia? Does Feldman v Tayar provide a further addition to the Oil Basins and Gordian Runoff cases?
  • What to do if the award is partly unenforceable.
  • The “real unfairness” test - when should the court’s discretion under s 36 of the Act to refuse recognition and enforcement of the award be exercised?
The link to the recording of this webinar will remain active for at least 3 months from the date of purchase. We continue to consult with the given presenter as to whether extended availability is possible. We are therefore not able to guarantee access beyond 3 months.

About the speakers

Dov Silberman BA LLB

Dov Silberman is a lawyer and Resolution Institute graded arbitrator. He has been a sole practitioner solicitor in Melbourne for over 35 years working in the commercial and commercial litigation areas.

His particular interest in arbitration is in expanding the scope of arbitration as a commercial dispute resolution process within faith-based and/or common interest communities so that if the process and awards are conducted properly, awards will be accepted and upheld by the civil authorities. Such ADRs can achieve resolutions which allow parties who are likely to meet in the same community to continue to interact with each other and to maintain their social standing there.

Yuriy Netrusov LLB (Hons) LLM JD

Yuriy Netrusov is an international lawyer specialising in commercial arbitration, commercial litigation and cross-border disputes. Yuriy studied law in Ukraine, the USA and Australia. He is a practicing Victorian lawyer who is also admitted as a Jurist in Ukraine.

Yuriy is well qualified in international law and combines his knowledge and experience as a lawyer in both civil and common law systems.