Hashwani & Ors v OMV Maurice Energy Ltd [2015] EWCA Civ 1171 (17 November 2015)

Hashwani & Ors v OMV Maurice Energy Ltd [2015] EWCA Civ 1171 (17 November 2015)

On the true construction of the PCA, JOA, FOA, and Deeds of Assignment, disputes arising under the JOA between OMV and OPL or Zaver are to be determined in accordance with Article XXVIII of the PCA (mutatis mutandis), giving the ICC jurisdiction. Article 7.2 of the FOA is limited to disputes under that agreement and does not displace the arbitration provisions of the JOA/PCA. There are two separate disputes for arbitration purposes. The High Court erred in staying proceedings regarding Zaver; the court should have determined jurisdiction itself.

Citation
[2015] EWCA Civ 1171
Parties
Claimant/appellant: Sadruddin Hashwani; Claimant/appellant: Zaver Petroleum Corporation Limited; Claimant/appellant: Ocean Pakistan Limited; Defendant/respondent: OMV Maurice Energy Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2015
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court) Decision Regarding Jurisdiction Under Arbitration Act 1996, S.72
Outcome
OPL's appeal dismissed; OMV's cross-appeal allowed.
Legal Topics
Arbitration Jurisdiction, Interpretation of Arbitration Clauses, International Commercial Contracts, Enforcement of Arbitration Agreements, Section 72 Arbitration Act 1996
Arbitration Commercial Law Oil and Gas Law Arbitration Jurisdiction Interpretation of Arbitration Clauses International Commercial Contracts Enforcement of Arbitration Agreements Section 72 Arbitration Act 1996

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Parties

Sadruddin Hashwani

Claimant/appellant

Zaver Petroleum Corporation Limited

Claimant/appellant

Ocean Pakistan Limited

Claimant/appellant

OMV Maurice Energy Limited

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (commercial Court) Decision Regarding Jurisdiction Under Arbitration Act 1996, S.72

Legal Issues

  1. 1 Whether the ICC has jurisdiction to arbitrate disputes between OMV and OPL and/or Zaver under the relevant agreements
  2. 2 Whether Article XXVIII of the PCA or Article 7.2 of the FOA governs the arbitration of disputes between the parties
  3. 3 Whether there is one dispute or two for the purposes of the arbitration agreements

Ratio Decidendi

On the true construction of the PCA, JOA, FOA, and Deeds of Assignment, disputes arising under the JOA between OMV and OPL or Zaver are to be determined in accordance with Article XXVIII of the PCA (mutatis mutandis), giving the ICC jurisdiction. Article 7.2 of the FOA is limited to disputes under that agreement and does not displace the arbitration provisions of the JOA/PCA. There are two separate disputes for arbitration purposes. The High Court erred in staying proceedings regarding Zaver; the court should have determined jurisdiction itself.

Court Disposition

OPL's appeal dismissed; OMV's cross-appeal allowed.

Orders

  • Declaration that the ICC has jurisdiction over the dispute between OMV and OPL under Article XXVIII of the PCA (mutatis mutandis).
  • Declaration that the ICC has jurisdiction over the dispute between OMV and Zaver under Article XXVIII of the PCA (mutatis mutandis).