Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu

In the case of Beijing Jishi Venture Capital Fund (Limited Partnership) v Liu, the applicant, Jishi Fund, sought enforcement of an arbitral award against the respondents, including Mr and Mrs Liu. The applicant applied for summary judgment under section 31A of the Federal Court of Australia Act 1976 (Cth) in respect of its application for enforcement of the arbitral award under section 8(3) of the International Arbitration Act 1974 (Cth). The respondents contended that they did not receive proper notice of the arbitration or the appointment of arbitrators, and that the arbitral award involved a breach of natural justice.

The court was required to decide whether the respondents had received proper notice of the arbitration and the appointment of arbitrators, and whether the arbitral award involved a breach of natural justice. The court found that Mr Liu had not been made aware that the arbitration was against him and Mrs Liu in a personal capacity or that he was made aware of the appointment of arbitrators. The court also found that Mrs Liu did not receive notice of the arbitration or the appointment of arbitrators in accordance with the parties’ agreement. The court rejected the respondents’ contention that the arbitral award involved a breach of natural justice.

The court refused the application for summary judgment against Mrs Liu but granted it against the other respondents. The court also refused the application to enforce the award against Mrs Liu but granted it against the other respondents. The court ordered the parties to confer and within 14 days file an agreed minute of orders or, in default of agreement, written submissions no longer than 5 pages and proposed minutes of orders.