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Construction

Friday, 17 October 2014
Executive Summary (One Minute Read)
William Hare UAE LLC v Aircraft Support Industries Pty Ltd (NSWSC) - international commercial arbitration - breach of natural justice - partial enforcement of foreign award
Summaries With Link (Five Minute Read)
William Hare UAE LLC v Aircraft Support Industries Pty Ltd [2014] NSWSC 1403
Supreme Court of New South Wales
Darke J
International commercial arbitration - plaintiff was company incorporated under laws of Abu Dhabi in United Arab Emirates - defendant was Australian company - plaintiff sought order under s8(2) International Arbitration Act 1974 (Cth) for enforcement of arbitral award made in the United Arab Emirates - dispute arising from payment of retention monies under agreement for construction works - agreement governed by laws of UAE - clause of agreement provided for arbitration of disputes to be governed by rules of Abu Dhabi Chamber of Commerce and Industry and take place in Abu Dhabi - decision of such arbitration stated to be final and binding upon the parties - held: there had been breach of rules of natural justice in respect of one aspect of arbitration - parts of award affected by breach severed - balance of award enforced in accordance with s8(7) International Arbitration Act 1974 (Cth) - judgment for plaintiff.
William Hare UAE LLC

Aedh Wishes for the Cloths of Heaven
By W. B. Yeats

Had I the heavens' embroidered cloths,
Enwrought with golden and silver light,
The blue and the dim and the dark cloths
Of night and light and the half light,
I would spread the cloths under your feet:
But I, being poor, have only my dreams;
I have spread my dreams under your feet;
Tread softly because you tread on my dreams.

W. B. Yeats