GUTNICK and Another v INDIAN FARMERS FERTILISER COOPERATIVE LTD and Another

49 VR 732·Warren CJ, Santamaria and Beach JJA
49 VR 732
GUTNICK and Another v INDIAN FARMERS FERTILISER COOPERATIVE LTD and Another Court of AppealWarren CJ, Santamaria and Beach JJA 5, 09 February 2016[2016] VSCA 5ArbitrationForeign awardApplication to enforce foreign awardPublic policyWhether enforcement of award would give rise to double recoveryCourt's inherent and equitable powers in aid of proper executionInternational Commercial Arbitration Act 1974 (Cth) ss 8(2), (7)(b).

The respondents entered into a share options agreement and a shareholders’ agreement with the applicants, under which the respondents purchased shares in the second applicant. An arbitral tribunal, seated in Singapore, held that the respondents had been induced to enter into the agreements by fraudulent misrepresentation. In its final award, the tribunal made a declaration that the agreements were rescinded, and ordered that the applicants repay the purchase price to the respondents, together with interest. The award did not include any order for the retransfer of the purchased shares.

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