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AUSTRALIA


made in Australia are enforceable at the state and territory level according to the Commercial Arbitration Act applicable in that jurisdiction.


The judgments of certain foreign countries’ courts can be enforced in Australia by registration under the Foreign Judgments Act 1991 (Cth) without the need for fresh proceedings. Generally this process is available only with respect to money judgments from countries with which Australia has reciprocal enforcement arrangements. Certain foreign judgments may also be enforceable in Australia at common law.


Kevin O’Sullivan Partner, Clayton Utz


Perth, Australia T: +61 8 9426 8439 E: kosullivan@claytonutz.com W: www.claytonutz.com


7.3 Are judgments and arbitration awards from the FDI jurisdiction generally enforceable in other jurisdictions? Enforcement of arbitration awards made in Australia can generally be expected in those jurisdictions that are signatories to the New York Convention and/or the UNCITRAL Model Law. The enforcement of judgments of Australian courts can be expected in those jurisdictions with which Australia has an agreement for the reciprocal enforcement of judgments (see above). Otherwise, whether an Australian judgment is enforceable in a particular foreign jurisdiction will depend on the local laws of that jurisdiction.


About the author Kevin O’Sullivan is a partner in Clayton Utz’s corporate energy & resources team. He has extensive cross-border experience in energy and resources, corporate and broader commercial transactions, particularly M&A, joint ventures, distressed transactions, foreign investment, and project development.


His relevant experience includes representing Agrium in its A$1.3 billion acquisition of AWB Limited by scheme of arrangement. A key feature was obtaining FIRB approval in record time through key relationships, early and consistent engagement with FIRB, and commercially and politically focussed application documentation. O’Sullivan also acted for Chubu Electric Power in relation to its equity investments in – and significant long-term LNG offtake arrangements from – the A$52 billion Gorgon LNG project, and the $34 billion Ichthys LNG project. Elsewhere he advised Shin-Etsu Chemical in its acquisition of the Simcoa Group of Companies.


O’Sullivan is recognised as a worldwide leading energy practitioner in the 2013 edition of The International Who’s Who of Energy Lawyers.


Peter Wiese Partner, Clayton Utz


Perth, Australia T: +61 8 9426 8490 E: peter.wiese@claytonutz.com W: www.claytonutz.com


About the author Peter Wiese advises in a wide range of matters in connection with mining, oil and gas, electricity, M&A and corporate areas.


He has acted in connection with the sale, purchase, development and operation of many public and private infrastructure and resources assets, including in connection with: airports; telecommunications; rail; regulated and unregulated gas pipelines; upstream and downstream oil and gas; and, upstream and downstream electricity assets. He also has extensive experience advising on commodity and asset transactions in connection with LNG and domestic gas, gold, iron ore, alumina, nickel, coal and other resources.


For many years, and again in 2013, Wiese has been rated in Chambers Global Guide in the first band of energy and natural resources lawyers in Australia. He is also rated as ‘leading individual’ in Australian energy and resources law by The Legal 500.


Heath Lewis Partner, Clayton Utz


Perth, Australia T: +61 8 9426 8443 E: hlewis@claytonutz.com W: www.claytonutz.com


About the author Heath Lewis is a corporate partner in the Perth office of Clayton Utz. He practises in all areas of corporate and commercial law, with a particular focus on M&A (both private treaty and regulated), equity capital markets (including initial public offerings and secondary raisings), incorporated and unincorporated joint ventures, and corporate and securities law and regulation.


Lewis acts for a number of ASX and TSX-listed clients, as well as significant private firms, most often in the energy and natural resources industry (all sectors including mining, agribusiness, and oil and gas).


He has been recognised by his peers in the Australian Financial Review’s list of leading lawyers in M&A and corporate/governance, and was recognised as a worldwide leading practitioner in the International Who’s Who of Mining Lawyers for 2013.


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