Larissa Welmans & Dr Sam Luttrell, Clifford Chance
The Federal Court has recently issued a warning to all Arbitration Claimants to provide proper notice or run the risk of having an unenforceable award. The Court in Jishi Fund held that as one of the parties did not receive ‘proper notice of either the arbitration or the appointment of arbitrators’, the award should not be enforced under ‘public policy’ grounds of the International Arbitration Act 1974 (Cth). This shows an unprecedented step by the Court in determining that this failure could warrant refusal of the awards enforcement, highlighting the need for care when serving notice to keep alive the prospect of enforceability.
Sam Luttrell
Larissa Welmans