A law presentation Essay Example | Topics and Well Written Essays - 750 words

A law presentation - Essay Example High Court can be traced back to 1980 in the Capital of Australia, Canberra, where most sittings held there. High court exercises original jurisdiction and appellate jurisdiction. The court interprets common law for the entire Australia. Its broad jurisdiction corresponds to Supreme Court of Canada. This makes it develop the common law consistently across all territories and states, which is the most significant role of the Court. The broad jurisdiction array allows the high court take the lead in Australian laws, and this contributes to uniformity and consistency in laws for different states.2 In this case, the plaintiff, TCL, manufactures air conditioners in China, and it entered into distributorship agreement with the Castel Co. that is registered in Australia. Dispute arose when Castel alleged of the agreement breach by TCL. As a result, Castel started arbitration in 2008 in pursuant of clause 12(1) of their agreement. The TCL opposed the claims and counter-claimed against Castel. When the two claims were presented in High Court, the arbitral tribunal came up with two awards.3 In December 2010, Castel was awarded $2.8M, and in January 2011, Castel was awarded $732,500, and it thereafter proceeded to federal court to enforce arbitral awards based on International Arbitration Act of 1974.2 On January 2012, justice Murphy held that Federal Court was jurisdicted to determine the application of Castel. This pursued the article 35 and 36 of the trade law of the United Nations Commission. The case proceeded to the final hearing, where Justice Murphy in April 2012 reserved the judgment. In July 2012, TCL filed a Show Cause Application. This sought for restraining the defendant from enforcing arbitral awards. In August 2012, Justice Gummow refereed the case in Full Court for the final hearing. Some of the considerations in the high count were the empowerment of an examiner to conduct