Enforcement of foreign awards: procedural irregularities

The decision of the New South Wales Supreme Court in Energy City Qatar Holding Co v Hub Street Equipment Pty Ltd (No 2) [2020] FCA 1116 concerned the enforcement of a New York Convention award under NSW legislation equivalent to section 103 of the Arbitration Act 1996. The main point of the case is that even if a ground for refusal of enforcement can be made out, the court retains a discretion to enforce the award if it is satisfied that there was no prejudice to the award debtor.

ECQ v Hub : the facts