Hashwani & Ors v OMV Maurice Energy Ltd

Hashwani & Ors v OMV Maurice Energy Ltd

Disputes arising under the JOA are to be determined in accordance with Article XXVIII of the PCA 'mutatis mutandis', giving ICC jurisdiction over claims between OMV and OPL (both foreign working interest owners) and between OMV and Zaver (foreign and Pakistani working interest owners); Article 7.2 of the FOA does not override the arbitration provisions for disputes under the JOA.

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
Civil Appeal / Appeal From High Court Decision on Arbitration Jurisdiction
Outcome
OPL's appeal dismissed; OMV's appeal allowed; stay of proceedings in relation to Zaver set aside.
Legal Topics
Jurisdiction of Arbitral Tribunals, Interpretation of Arbitration Clauses, Conflict of Arbitration Agreements, Stay of Proceedings
Arbitration Commercial Law Jurisdiction of Arbitral Tribunals Interpretation of Arbitration Clauses Conflict of Arbitration Agreements Stay of Proceedings

Case Brief

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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

Civil Appeal / Appeal From High Court Decision on Arbitration Jurisdiction

Legal Issues

  1. 1 Whether ICC has jurisdiction to arbitrate disputes under the JOA between OMV and OPL/Zaver
  2. 2 Whether Article 7.2 of the FOA overrides Article XXVIII of the PCA for disputes among private working interest owners
  3. 3 Whether there is one dispute or two for purposes of arbitration

Ratio Decidendi

Disputes arising under the JOA are to be determined in accordance with Article XXVIII of the PCA 'mutatis mutandis', giving ICC jurisdiction over claims between OMV and OPL (both foreign working interest owners) and between OMV and Zaver (foreign and Pakistani working interest owners); Article 7.2 of the FOA does not override the arbitration provisions for disputes under the JOA.

Court Disposition

OPL's appeal dismissed; OMV's appeal allowed; stay of proceedings in relation to Zaver set aside.

Orders

  • Declaration that ICC has jurisdiction over disputes between OMV and OPL and OMV and Zaver under the JOA.
  • Stay of proceedings in relation to Zaver lifted.