WARREN CJ:

1 This is an appeal against a decision of a judge of the Trial Division to order the enforcement of a foreign arbitral award made in favour of the respondent and against the appellant.

2 The appeal concerns the interpretation of the International Arbitration Act 1974 (Cth) (the ‘Act’), which provides a mechanism for enforcing foreign arbitral awards. The critical issue is how the Act applies in a situation where the alleged award debtor is not expressly named as a party to the arbitration agreement pursuant to which the award was made.

3 This matter is unusual. It required this Court to decide an issue which is ordinarily uncontroversial in enforcement proceedings. The unique circumstances of this case have made a complex investigation into that issue unavoidable. However, as I will explain in my reasons, in all but the most unusual cases, applications to enforce foreign arbitral awards should involve only a summary procedure.

4 For reasons that will follow, the learned judge erred in his interpretation of the Act. Accordingly, I would allow the appeal.