Interlocutory Orders and Convention Awards: the Case of Resort Condominiums v. Bolwell

Abstract

QUEENSLAND IS a large state which basks in the sun of northern Australia. It is known for its magnificent tourist resorts and beautiful beaches. It is not known as a place of great significance for international arbitration but this may now change. A recent decision of the Supreme Court of Queensland raises interesting and important questions concerning international arbitration and in particular the meaning and definition of an ‘award’ for the purposes of enforcement under the New York Convention. The case is Resort Condominiums International Inc. v. Bolwell, a decision of Mr Justice Lee of the Supreme Court of Queensland in a judgment delivered on 29 October 1993. The case concerned three parties, Resort Condominiums International Inc. (‘RCI’) a corporation organized under the laws of the State of Indiana, USA; Resort Condominiums (Australasia) Pty Ltd (‘RCI Aust.’) a company incorporated in New South Wales, Australia; and a...