The Federal Court of Australia has greenlit Stantec New Zealand to serve legal documents to the Fiji Roads Authority (FRA) over an ongoing international arbitration case. This recent ruling by Justice Michael Feutrill, dated September 17, 2025, signifies a pivotal moment in the legal proceedings, edging closer to a comprehensive hearing set for the subsequent month. The decision establishes a significant legal benchmark for the cross-border enforcement of arbitral awards.
This legal tussle originates from a consultancy agreement inked in 2016, focused on infrastructure development in Fiji. In January 2022, an arbitral tribunal instructed the FRA to compensate Stantec with over $10.4 million, alongside additional arbitration-related costs in various currencies such as Fijian, New Zealand, and US dollars.
The FRA, lacking an official service address within Australia, posed a unique challenge. Nonetheless, the court’s decision to permit service in alignment with Fijian law—by delivering documents to the FRA’s chairman in Suva—illustrates a keen adherence to Fiji’s High Court Rules, which sanction personal service on corporate entities via their principal officers.
Justice Feutrill recognized that while foreign bodies are usually shielded by immunity under Australian jurisdiction, exceptions are present in the Foreign States Immunities Act 1985, specifically concerning the enforcement of commercial arbitration awards. He noted, “It is reasonably arguable that the Authority is not immune from the jurisdiction of the Court.”
The final hearing, slated for October 17, 2025, will see the Australian court contemplating possible enforcement measures against the FRA.
This ongoing legal process shines a light on the intricate nature of cross-border arbitration enforcement and emphasizes the critical need for a robust legal framework to resolve international commercial conflicts. As the situation unfolds, it is likely to bring increased attention to the complexities inherent in global arbitration cases and the importance of having clear legal standards to uphold international business relations. While the proceedings may seem contentious, they ultimately play a positive role by clarifying how international arbitration awards can be enforced globally, potentially smoothing international business interactions in the future.