Buddi Limited v Le Vise Products LLC

In the Federal Court of Australia, Justice Katrina Brown considered a dispute between Buddi Limited, the applicant, and Le Vise Products LLC, the respondent. The proceedings concerned an application to set aside an arbitral award made in favour of Le Vise Products LLC.

The primary legal issue before the Court was whether the arbitral award should be set aside pursuant to section 8 of the *International Arbitration Act 1974* (Cth) (the Act). Specifically, Buddi Limited contended that the award was made in circumstances where it was unable to present its case, contrary to Article 34(2)(a)(ii) of Schedule 1 to the Act, and that the award was in conflict with the public policy of Australia, pursuant to Article 34(2)(b)(ii) of Schedule 1 to the Act.

Justice Brown found that Buddi Limited had not been denied the opportunity to present its case, as it had been afforded ample opportunity to participate in the arbitration and had failed to do so effectively. The Court also determined that the award did not offend Australian public policy. The reasoning focused on the high threshold required to set aside an arbitral award, emphasising the importance of party autonomy and the finality of arbitral decisions. The Court applied the principles established in cases concerning the interpretation of Article 34 of the UNCITRAL Model Law, as incorporated into the Act.

The application to set aside the arbitral award was dismissed.