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Rizhao Steel Holding Group Co Ltd v Koolan Iron Ore Pty Ltd

    • International Commercial Arbitration - Appeal from application to enforce an award as a judgment - Whether leave to appeal required - Whether primary judge's decision final or interlocutory - Whether appropriate Act the International Arbitration Act 1974 (Cth) or Commercial Arbitration Act 1985 (WA) - Where primary judge purported to grant enforcement of award under the State Act - Whether appellant should be permitted to raise new point on appeal challenging jurisdiction of primary judge - Whether in the interests of justice or prejudicial - Whether parties can exclude the Model Law from an international commercial arbitration agreement - Whether there is an inconsistency of laws between the State and Federal Acts
    • Practice and procedure - Suppression order - Factors to be weighed against the principle of open and transparent justice
    • Inherent power of the court - Application for stay of application for pre­action discovery - Whether power of court to stay application on conditions - Whether power should be exercised - Leave given in prior proceedings to enforce arbitration award as a judgment of this court - Plaintiff having failed to pay debt without any reason - Evidence that plaintiff has taken steps to avoid enforcement
    • Abuse of process - Whether application for pre-action discovery manifestly groundless - Whether application brought for a purpose or to effect an object beyond that which the legal process offers - Whether if application is found to be abusive the court should exercise any power to order that the application proceed on conditions
    • Interim application in Single Judge Appeal - Application for leave to appeal arbitral awards - Security for costs - Application for award amounts to be paid into court before leave application heard
    • Mareva - Freezing orders - Ancillary orders - Attachment - Cargo in ships - Third parties - Jurisdiction to order - Confidential information - Orders for disclosure of information as to iron ore purchase arrangements with a view to future freezing order relief
    • Arbitral awards - Leave to appeal - Error of law needed - Strong evidence - Exclusion agreement - Causation issues - Mitigation of damages - Loss of bargain damages - Opportunity to renegotiate price in better market - Reasonableness - Questions of fact, not law - Error point to be of broader commercial application
    • Applications to register two arbitral awards - Enforcement of awards as judgments of court - Pending applications for leave to appeal against only part of substantial arbitral damages awards - Registration appropriate
    • Ex parte application for leave to serve out of jurisdiction - Rules of the Supreme Court 1971 (WA) O 10 - Earlier orders made allowing substituted service of notice of originating summons - Substituted service to facsimile number in People's Republic of China - Issue as to validity of service in People's Republic of China - Notice not served under Hague Service Convention through Central Authority - Application to personally serve defendant in United States of America - Where no requirement to serve through a Central Authority
1) [2012] WASCA 5
2) [2011] WASC 207
3) [2011] WASC 1
4) [2010] WASC 386
5) [2010] WASC 385
6) [2010] WASC 384
7) [2010] WASC 335

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