=?Iso-8859-1?Q?Ch=92i_International?= Limited v CHI FOREST Technology (Singapore) PTE. Ltd

The Supreme Court of Victoria, in a decision by Makrigiorgos J, considered a dispute between Chi International Limited (the applicant) and CHI FOREST Technology (Singapore) PTE. Ltd (the respondent). The applicant sought to set aside an arbitral award made in favour of the respondent.

The central legal issue before the Court was whether the arbitral award should be set aside pursuant to section 48 of the *International Arbitration Act 1974* (Cth) on the grounds that the applicant was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings, or was otherwise unable to present its case. The applicant also argued that the award dealt with a dispute that was not contemplated by or not falling within the terms of the submission to arbitration.

Makrigiorgos J analysed the evidence presented by both parties regarding the communication and notification processes undertaken during the arbitration. The Court considered the principles of natural justice and the requirements for valid notice in arbitral proceedings. Her Honour found that the applicant had been provided with adequate notice of the appointment of the arbitrator and the commencement of the proceedings, and that it had been afforded a proper opportunity to present its case. Furthermore, the Court determined that the dispute resolved by the award fell within the scope of the arbitration agreement.

Consequently, the Court dismissed the application to set aside the arbitral award.