Monde Petroleum SA v Westernzagros Ltd [2018] EWCA Civ 25 (18 January 2018)

Monde Petroleum SA v Westernzagros Ltd [2018] EWCA Civ 25 (18 January 2018)

The phrase 'fully operational and enforceable' in the CSA required documented consent from both the KRG and the Federal Government of Iraq, specifically a letter from the Iraqi Government as contemplated by the third milestone in Schedule B. There was no requirement for WZL to serve termination notice immediately after the six-month period; WZL could serve notice at any time while the EPSA was not fully operational and enforceable.

Citation
[2018] EWCA Civ 25
Parties
Appellant/claimant: Monde Petroleum SA; Respondent/defendant: Westernzagros Limited
Jurisdiction
England and Wales
Judgment Date
18 January 2018
Procedural Posture
Appeal From High Court Commercial Court / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Termination of Contract, Interpretation of Contractual Terms, Misrepresentation, Economic Duress
Contract Law Commercial Law Termination of Contract Interpretation of Contractual Terms Misrepresentation Economic Duress

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Parties

Monde Petroleum SA

Appellant/claimant

Westernzagros Limited

Respondent/defendant

Procedural Posture

Appeal From High Court Commercial Court / Court of Appeal Judgment

Legal Issues

  1. 1 Meaning of 'fully operational and enforceable' in contract clause
  2. 2 Timing requirement for exercise of termination right under contract

Ratio Decidendi

The phrase 'fully operational and enforceable' in the CSA required documented consent from both the KRG and the Federal Government of Iraq, specifically a letter from the Iraqi Government as contemplated by the third milestone in Schedule B. There was no requirement for WZL to serve termination notice immediately after the six-month period; WZL could serve notice at any time while the EPSA was not fully operational and enforceable.

Court Disposition

Appeal dismissed

Orders

  • Permission for supplementary skeleton argument refused
  • Appellant's appeal dismissed