Australia’s approach of paraphrasing the NYC’s enforcement provisions in its implementation by way
of the IAA has led to a considerable amount of academic and professional controversy. One
example is the decision of the Supreme Court of Queensland in Resort Condominiums v Bolwell2
(Bolwell). At the crux of the case was the Queensland Court’s assertion that an ‘enforcing court in
Australia has a general discretion outside the grounds stated in the NYC not to recognise and
enforce an award that otherwise qualifies for recognition under the NYC’