In the result, the appeal should be allowed. The orders of the primary judge on 26 August 2020 should be set aside and substituted with orders dismissing ECQ's application to enforce the award. Because most of Hub's grounds for resisting enforcement, in particular those that were evidence-heavy such as that it received no notice of the arbitration proceeding, failed before the primary judge whose findings thereon were not challenged on appeal, it is not clear that Hub should have the costs of the proceeding at first instance. I would therefore invite the parties to make brief written submissions on these costs. Although there is no immediately apparent reason why the costs of appeal should not follow the event, we did not hear the parties on the costs of the appeal so I would give them the opportunity to make written submissions on these costs as well. I have also read the additional remarks of the Chief Justice with which I agree.
展开▼
