PT Transportasi Gas Indonesia v Conocophillips (Grissik) Ltd & Anor

PT Transportasi Gas Indonesia v Conocophillips (Grissik) Ltd & Anor

The court found that the tribunal dealt with all relevant issues, including the inconsistency defence, and properly applied Indonesian law. There was no serious irregularity, excess of power, or breach of public policy. The application to set aside the award failed, and leave to enforce the award was granted.

Parties
Claimant: PT Transportasi Gas Indonesia; Defendant: ConocoPhillips (Grissik) Ltd; Defendant: PetroChina International Jabung Ltd
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Arbitration Challenge and Enforcement / Judgment on Applications to Set Aside Arbitral Award and for Leave to Enforce
Outcome
Application to set aside arbitral award dismissed; leave to enforce award granted.
Legal Topics
Serious Irregularity Under Arbitration Act 1996 S.68, Enforcement of Arbitral Awards, Mandatory Law, Public Policy, Contractual Warranties, Damages
Arbitration Commercial Law Serious Irregularity Under Arbitration Act 1996 S.68 Enforcement of Arbitral Awards Mandatory Law Public Policy Contractual Warranties Damages

Case Brief

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Parties

PT Transportasi Gas Indonesia

Claimant

ConocoPhillips (Grissik) Ltd

Defendant

PetroChina International Jabung Ltd

Defendant

Procedural Posture

Arbitration Challenge and Enforcement / Judgment on Applications to Set Aside Arbitral Award and for Leave to Enforce

Legal Issues

  1. 1 Whether the arbitral award should be set aside for serious irregularity under s.68 Arbitration Act 1996
  2. 2 Whether the award is contrary to mandatory Indonesian law or public policy
  3. 3 Whether the tribunal failed to deal with the inconsistency defence

Ratio Decidendi

The court found that the tribunal dealt with all relevant issues, including the inconsistency defence, and properly applied Indonesian law. There was no serious irregularity, excess of power, or breach of public policy. The application to set aside the award failed, and leave to enforce the award was granted.

Court Disposition

Application to set aside arbitral award dismissed; leave to enforce award granted.

Orders

  • TGI’s section 68 application dismissed.
  • Conoco’s application for leave to enforce the award as a judgment granted.