Guoao Holding Group Co Ltd v Xue (No 2)

In the matter of Guoao Holding Group Co Ltd v Xue (No 2), the court was tasked with enforcing an international commercial arbitration award under section 8(3) of the International Arbitration Act 1974 (Cth). The defendant, Ms Xue, opposed enforcement on the grounds of manifest unfairness and imbalance of remedy, inadequate authentication of the arbitration agreement and award, and the quality of the translation of the award. The court needed to determine whether these objections were valid and, if not, whether the award should be enforced against Ms Xue.

The court examined the objections raised by Ms Xue and found them to be without merit. Firstly, the court was satisfied with the translations provided, finding them to be adequate under section 9 of the Act. The court rejected Ms Xue's argument that only translations certified by a diplomatic or consular agent in Australia could be accepted unless obtaining such certification was impossible or impractical. The court found that the statute provided alternatives, and the provided translations met the court's satisfaction. Additionally, the court was satisfied that the arbitration agreement and award were adequately authenticated or certified, and no manifest unfairness or imbalance of remedy was present.

As a result, the court concluded that Ms Xue's objections to enforcement of the award failed, and the award must be enforced under section 8(3) of the IAA. The court ordered that the award be enforced against Ms Xue as if it were a judgment of the court, and judgment was entered against her in the amounts of RMB 189,715,323.27 for the principal amount outstanding and RMB 22,344,120.60 for pre-judgment interest. Interest was also to be payable on the judgment from the date of the order. Furthermore, the court dismissed the interlocutory application filed by the respondents and ordered that the respondents pay the costs of the proceeding. Finally, the court ordered that the freezing orders made on 31 August 2022 be continued in aid of execution of the judgment entered in this proceeding until further order of the court.