Enforcement of arbitral awards where the seat of the arbitration is Australia, how the Eisenwerk decision might still be a sleeping assassin

Barrett-White, Stephen and Kee, Christopher 2007, Enforcement of arbitral awards where the seat of the arbitration is Australia, how the Eisenwerk decision might still be a sleeping assassin, Journal of international arbitration, vol. 24, no. 5, pp. 515-528.

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Title Enforcement of arbitral awards where the seat of the arbitration is Australia, how the Eisenwerk decision might still be a sleeping assassin
Author(s) Barrett-White, Stephen
Kee, Christopher
Journal name Journal of international arbitration
Volume number 24
Issue number 5
Start page 515
End page 528
Publisher D. Thompson and J. Werner
Place of publication Geneva, Switzerland
Publication date 2007
ISSN 0255-8106
Summary This article examines the enforcement of foreign awards in Australia. It identifies and explains the difference between a “foreign award” and “international arbitration award,” observing it is a somewhat surprising but potentially significant distinction. The article then moves to consider the consequences of the distinction with particular reference to the Australian arbitral landscape. Australia has dual arbitration regimes operating at the state and federal level. Particular attention is given to the still controversial Queensland Supreme Court of Appeal decision in Australian Granites Ltd. v. Eisenwerk Hensel Bayreyth Dipl-Ing Burkhardt GmbH. The article concludes by promoting a line of interpretation that will effectively allow subsequent courts to avoid the potentially disastrous effects the Eisenwerk decision may yet still wreak.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2007, Kluwer Law International
Persistent URL http://hdl.handle.net/10536/DRO/DU:30007193

Document type: Journal Article
Collection: School of Law
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