Bisset Automation Pty Ltd v Seagate Technology LLC

Bisset Automation Pty Ltd (Bisset) sought to enforce an arbitral award against Seagate Technology LLC (Seagate). The dispute concerned a contract for the supply of goods and services, which contained an arbitration clause. Following an arbitration in Singapore, an award was made in favour of Bisset. Bisset then commenced proceedings in the Federal Court of Australia to have the award recognised and enforced.

The primary legal issue before the Federal Court was whether the arbitral award was enforceable in Australia under the *International Arbitration Act 1974* (Cth) (the Act), which gives effect to the *Convention on the Recognition and Enforcement of Foreign Arbitral Awards* (the New York Convention). Seagate contended that the award was unenforceable on several grounds, including that it was contrary to Australian public policy and that it had not been given due notice of the arbitration proceedings or otherwise been able to present its case.

Justice Rowena Beal considered the grounds for refusing enforcement under the Act, which mirror the grounds for refusal under Article V of the New York Convention. Her Honour found that Seagate had failed to establish any of the grounds for refusing enforcement. Specifically, the court determined that the arbitration proceedings had been conducted in accordance with the agreed procedure, that Seagate had been given proper notice and an opportunity to present its case, and that the award was not contrary to Australian public policy. The court rejected Seagate's arguments that the arbitral tribunal had exceeded its powers or that the award was uncertain.

The Federal Court ordered that the arbitral award be recognised and enforced in Australia.