Australian Court Sets Aside Award And Removes Arbitrator

Australian Court sets aside an international arbitration award and removes an arbitrator

Herbert Smith Freehills review the Federal Court of Australia’s decisions in Hui v Esposito Holdings Pty Ltd [2017] FCA 648 and Hui v Esposito Holdings Pty Ltd (No 2) [2017] FCA 728, where the respondents in an international commercial arbitration were successful in setting aside parts of two partial awards and removing the sole arbitrator pursuant to Articles 12, 18 and 34 of the UNCITRAL Model Law. The authors observe that the decisions confirm that Australia is a safe seat for international arbitrations with a judiciary that understands and safeguards the integrity of the arbitral process within the outer limits of what is prescribed in the International Arbitration Act and Model Law.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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