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.
Australian Court Sets Aside Award And Removes Arbitrator
