17 Jul 2009
TODD PETROLEUM MINING COMPANY LIMITED V SHELL (PETROLEUM MINING) COMPANY LIMITED HC WN CIV-2008-485-2816
- Citation
- openlaw-c5d2cbf3_4976_4762_8d77_2642be5bff86.pdf
- Court
- High Court
The Court held that paragraph 173(b) and the challenged parts of the interim award (173(a)–(d)) and subsequent February and May rulings must be set aside because material breaches of the rules of natural justice occurred—the arbitrator relied on significant reasoning (casting vote at KMC level and implied fiduciary obligations) that, although arguably within the range of arguments available, were not properly pleaded or argued and caused prejudice; consequently the matters are to be re-heard before the arbitrator (remission), with leave reserved for further directions.