National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2022] EWHC 1645 (Comm) (30 June 2022)

National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2022] EWHC 1645 (Comm) (30 June 2022)

The Tribunal applied the correct legal test for res judicata and abuse of process, considering whether matters could and should have been raised at the liability phase. The parties did not exclude the right to appeal under s. 69 Arbitration Act 1996, as the ICC Rules were only incorporated for procedural arbitration rules, not appeal rights. NIOC's arguments regarding sanctions and quantum were properly barred, and the Tribunal's decision was not obviously wrong.

Citation
[2022] EWHC 1645 (Comm)
Parties
Claimant/respondent: National Iranian Oil Company; Defendant/applicant: Crescent Petroleum Company International Limited; Defendant/applicant: Crescent Gas Corporation Limited
Jurisdiction
England and Wales
Judgment Date
30 June 2022
Procedural Posture
Application for Permission to Appeal Under S. 69 Arbitration Act 1996 / Permission to Appeal and Substantive Appeal Hearing
Outcome
Permission to appeal refused
Legal Topics
Res Judicata, Abuse of Process, Arbitration Appeals, Quantum of Damages, Sanctions Impact on Contract Performance
Arbitration Commercial Law Res Judicata Abuse of Process Arbitration Appeals Quantum of Damages Sanctions Impact on Contract Performance

Case Brief

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Parties

National Iranian Oil Company

Claimant/respondent

Crescent Petroleum Company International Limited

Defendant/applicant

Crescent Gas Corporation Limited

Defendant/applicant

Procedural Posture

Application for Permission to Appeal Under S. 69 Arbitration Act 1996 / Permission to Appeal and Substantive Appeal Hearing

Legal Issues

  1. 1 Whether a defendant/respondent is precluded on grounds of res judicata and/or abuse of process from referring to and relying on matters in support of its separate defence to quantum merely because those matters might or could also have been raised in relation to liability
  2. 2 Whether the parties' arbitration agreement excluded the right to appeal under s. 69 Arbitration Act 1996

Ratio Decidendi

The Tribunal applied the correct legal test for res judicata and abuse of process, considering whether matters could and should have been raised at the liability phase. The parties did not exclude the right to appeal under s. 69 Arbitration Act 1996, as the ICC Rules were only incorporated for procedural arbitration rules, not appeal rights. NIOC's arguments regarding sanctions and quantum were properly barred, and the Tribunal's decision was not obviously wrong.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal under s. 69 Arbitration Act 1996 is refused
  • Crescent's jurisdictional objection is dismissed