Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company

The appeal before the court involved a dispute between Energy City Qatar Holding Company, a Qatari company, and Hub Street Equipment Pty Ltd, an Australian company, concerning the enforcement of an arbitral award made in Qatar. The central issue was whether the Federal Court of Australia should enforce the award, which had been made in Arabic, against Hub. The court had to determine if Hub had proper notice of the arbitration proceedings and whether the arbitral procedure was in accordance with the contractual agreement between the parties. Furthermore, the court needed to assess the burden of proof on the party resisting enforcement and the discretion of the court to enforce the award even when a ground for non-enforcement was established.

The court examined the contractual provisions and the procedural steps taken by the arbitral tribunal and the Qatari courts. It concluded that the primary judge had erred in finding that the arbitral tribunal's appointment was in accordance with the parties' agreement. The court held that the primary judge did not consider the relevant Qatari law and failed to properly assess the expert evidence regarding the application of Art 195 of the Qatari Civil Procedure Code. The court also noted that the primary judge did not address Hub's contention that the Qatari Court lacked jurisdiction to appoint the arbitral tribunal as per the contractual agreement. Given these errors, the court found that the primary judge had misapplied the law and reached an incorrect conclusion.

The court allowed the appeal, set aside the orders made by the primary judge, and dismissed the proceeding. It ordered the parties to file written submissions on the question of costs within a specified timeframe. This decision underscored the importance of correctly applying the law and considering all relevant evidence when determining whether to enforce an arbitral award.