5 Dec 2008
KARAHA BODAS CO LLC v. PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA (otherwise known as PERTAMINA)
- Citation
- KARAHA BODAS CO LLC v. PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA (otherwise known as PERTAMINA)
- Court
- Court of Final Appeal
- Case number
- FACV6/2008
The appeal is dismissed. Pertamina failed to show a real prospect of proving the Award was obtained by fraud; the ten documents would not materially affect the outcome and do not meet the Ladd v Marshall threshold; the Tribunal provided adequate reasons for the US$150m lost profits award and did not double‑count the US$111.1m wasted expenditure; the challenges to the tribunal's construction are merits criticisms not grounds under s44; enforcement is therefore upheld and costs ordered nisi against Pertamina.