REASONS FOR JUDGMENT

1 On 11 June 2010, Gerald W Ghikas QC, a Canadian barrister (the arbitrator) published a Final Arbitral Award (the Award) which determined a number of disputes that had arisen between the applicant (ESCO) and the respondent (Bradken) concerning a contract dated 1 July 1999 (the Licence Agreement) entered between ESCO and Smorgon Steel Group Limited (Smorgon), a corporation incorporated in Victoria, pursuant to which Smorgon was licensed to manufacture certain ESCO products in Australia, New Zealand and Papua New Guinea. Through a series of subsequent transactions, Bradken assumed the rights and liabilities of Smorgon under the Licence Agreement.

2 The disputes which were determined by the Award had been referred to arbitration pursuant to an arbitration clause in the Licence Agreement.

3 The arbitration hearing took place in Portland, Oregon, USA, as required by the arbitration clause. The procedural rules governing the arbitration were the Rules of Arbitration of the International Chamber of Commerce in force as and from 1 January 1998 (the ICC Rules). By the agreement of the parties and pursuant to an order of the arbitrator, supplementary rules of procedure were established.