SABAH SHELL PETROLIUM COMPANY LIMITED GUMUSUT KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED

SABAH SHELL PETROLIUM COMPANY LIMITED GUMUSUT KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED

The complete arbitral record, including communications under the QE Access Agreement, was before the Court; the proffered affidavits consisted of subjective testimony not corroborated by the other expert or the Tribunal, were unnecessary and prejudicial, and therefore were not part of the arbitral record and were properly expunged under the Rules of Court and the discretionary review powers under the Arbitration Act.

Citation
WA-24C(arb)-10-05/2020 & WA-24C-(ARB)-18-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff (enforcement Application); Defendant (setting Aside Application): Sabah Shell Petroleum Company Limited; Defendant (enforcement Application); Plaintiff (setting Aside Application): Gumusut-Kakap Semi-Floating Production System (Labuan) Limited
Court
arb
Jurisdiction
Malaysia
Judgment Date
1 October 2021
Case Number
WA-24C(arb)-10-05/2020 & WA-24C-(ARB)-18-03/2021 (Mahkamah Tinggi)
Procedural Posture
Arbitration Enforcement and Setting Aside Proceedings / Interlocutory — Expungement Applications Decided
Outcome
Expungement applications allowed
Legal Topics
Enforcement of Arbitral Award, Setting Aside Arbitral Award, Expungement of Affidavits, Expert Evidence Access, Natural Justice
Source Language
Malay/English
Arbitration Civil Procedure Evidence Enforcement of Arbitral Award Setting Aside Arbitral Award Expungement of Affidavits Expert Evidence Access Natural Justice

Case Brief

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Parties

Sabah Shell Petroleum Company Limited

Plaintiff (enforcement Application); Defendant (setting Aside Application)

Gumusut-Kakap Semi-Floating Production System (Labuan) Limited

Defendant (enforcement Application); Plaintiff (setting Aside Application)

Procedural Posture

Arbitration Enforcement and Setting Aside Proceedings / Interlocutory — Expungement Applications Decided

Legal Issues

  1. 1 Whether the affidavits filed by GKL form part of the arbitral record
  2. 2 Whether the affidavits constitute fresh or further evidence inadmissible on review of an arbitral award
  3. 3 Whether the affidavits are scandalous, irrelevant or oppressive and should be expunged under the Rules of Court

Ratio Decidendi

The complete arbitral record, including communications under the QE Access Agreement, was before the Court; the proffered affidavits consisted of subjective testimony not corroborated by the other expert or the Tribunal, were unnecessary and prejudicial, and therefore were not part of the arbitral record and were properly expunged under the Rules of Court and the discretionary review powers under the Arbitration Act.

Court Disposition

Expungement applications allowed

Orders

  • Affidavits of Robert Breeze and related affidavits expunged and excluded from the records for purposes of the Challenge and Setting Aside Applications
  • Costs awarded to SSPC in the sum of RM20,000.00 subject to the usual allocator