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.
Australian Approach To Relationship Between Seat And Enforcement Courts
