19 Dec 2012
DISCOVERY GEO CORPORATION v STP ENERGY PTE LIMITED HC WN CIV 2012-485-2675
- Citation
- openlaw-5359228f_3e74_46be_a9dc_651c36d5e71b.pdf
- Court
- High Court
Application dismissed: court would not grant ex parte interim measures because jurisdictional defects and protest could not be resolved on the papers, the relief sought went beyond relief before the ICC tribunal (arbitration limited to damages), irreparable harm and balance of convenience were not established on an ex parte record, the applicant had inexcusable delay, and the undertaking as to damages lacked sufficient supporting proof; these factors in combination defeated Article 17B requirements.