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Public policy exception to enforcing foreign awards in Australia

Case note | December 2014 | Available for purchase & free for members

William Hare UAE LLC v Aircraft Support Industries Pty Ltd [2014] NSWSC 1403

Overview

In William Hare UAE LLC v Aircraft Support Industries Pty Ltd (‘William Hare’), the NSW Supreme Court considered the scope of the public policy exception under the International Arbitration Act 1974 (Cth) (‘IAA’) when enforcing a foreign arbitral award. In coming to its conclusion to partially sever the award on public policy grounds, the Court confirmed the recent decision of TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd stating that, ‘[n]o international arbitration award should be set aside for being contrary to Australian public policy unless fundamental norms of justice and fairness are breached and real unfairness and practical injustice has been shown to have been suffered by an international commercial party’.

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Thanks

We thank the authors of this case note Beth Cubitt and Brittany Guilleaume and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration