Eopply New Energy Technology Co Ltd v EP Solar Pty Ltd

Eopply New Energy Technology Co Ltd, the applicant, brought an application for the enforcement of an arbitral award against EP Solar Pty Ltd, the respondent. The applicant was the supplier of solar cell modules under a Co-Operation Agreement and related sales contracts, and sought to enforce an award made by the China International Economic and Trade Arbitration Commission. The respondent challenged the award on the basis that the tribunal had no jurisdiction and that the award was contrary to public policy. The primary issue before the court was whether the award could be enforced under the International Arbitration Act 1974 (Cth). The court had to determine whether the award was a foreign award, if the award was made under an arbitration agreement, and if the enforcement of the award was contrary to public policy.

The court noted that the award was made in China and therefore was a foreign award under s 8 of the IAA. The court found that the award was made pursuant to an arbitration agreement, which was contained in the Co-Operation Agreement and the sales contracts. The court rejected the respondent's argument that the tribunal lacked jurisdiction to hear the claim because it was outside the scope of the arbitration agreement. The court found that the claim for the unpaid purchase price and penalty fell within the scope of the arbitration agreement. The court also found that the enforcement of the award was not contrary to public policy, as the award did not violate any fundamental principle of justice or the court's sense of natural justice and equity.

The court granted the application for the enforcement of the award. The court ordered that the respondent pay the amount of RMB 137,044 to the applicant as the arbitration fee. The court also ordered that the respondent pay the remaining sum of 634,666 US dollars under the relevant sales contract, along with the penalty on the overdue payment, within 30 days of the date of the decision. The court further ordered that the respondent pay the legal fee of RMB 140,000 to the applicant within 30 days of the date of the decision. The court rejected the respondent's claim for indemnity costs.