Australian Approach To Relationship Between Seat And Enforcement Courts

Ye v Zheng - The Australian Court’s approach to the relationship between the Seat and Enforcement Courts

King & Wood Mallesons review two cases – Ye v Zeng [2015] FCA 1192 and Ye v Zeng (No 2) [2015] FCA 1243 – involving an application before the Australian Federal Court for the recognition and enforcement of a foreign award in an international commercial arbitration. The authors comments that these decisions illustrate the way in which Australian courts will enforce Chinese arbitration awards pursuant to the New York Convention, indicate that the fact of an appeal at the seat of arbitration would be insufficient grounds to stay enforcement or to set aside the award and that the fact that an award is set aside in the seat country does not mean that the award will not be enforced elsewhere.

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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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