(c) What orders were made?)
The outcome of the orders of the Federal Court favoured Armada Pte Ltd, and Armada gained numerous benefits and reliefs from the arbitration tribunal. Firstly, Gujarat’s claim that 2 of 3 arbitrators Mr Hill QC and Mr Isaacs QC were not “commercial men” was deemed satisfactory, as the Justice Foster did not feel believe that being a lawyer disqualifies the right to be an arbitrator, according to Pope (2014). This was a significant relief to Armada. Secondly, in response to Gujarat application of Carriage of Goods by Sea Act 1991 claiming that the contract was of no affect and that this act liberated Gujarat of all liability for the damages of Armada, Justice Foster applied the decision of the DampskibsselskabetNordenvs Beach Building & Civil Group Pty Ltd case, which resulted in Justice Foster rejecting the Gujarat claim. This meant that Armada was still entitled to the compensation of the damages.
It is also noted in LEADR (2014), that some orders that were made by the federal court were beneficial to Gujarat, as Justice Foster determined that the additional damages that were rendered by the tribunal should not be applied. This however still meant that the balance must still be paid. Another decision which benefitted Gujarat was the decision by Justice Foster to decline the vary freezing orders which were made by the arbitration. This was a fair outcome and provided a great example of how pro-enforcement can be effective