5 Dec 2025
GUMUSUT-KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED SABAH SHELL PETROLEUM COMPANY LIMITED
- Citation
- W-02(IM)(C)-124-01/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(C)-124-01/2023 (Mahkamah Rayuan)
The contractual limitation of liability clause is a substantive term and does not, absent clear express drafting, operate as a jurisdictional restriction on the arbitral tribunal; the parties expressly submitted the clause’s interpretation to the tribunal, so any erroneous interpretation is a merits error within jurisdiction and not a ground for setting aside under s37 AA 2005; the tribunal did not breach natural justice or public policy on the issues complained of and its quantum adjustments and sampling/extrapolation methodology were within its remit; therefore the appeals are dismissed.