Tor Corporate AS v. Siopect Group Start Petroleum Corp Ltd & Ors [2008] ScotCS CSIH_9 (18 January 2008)

Tor Corporate AS v. Siopect Group Start Petroleum Corp Ltd & Ors [2008] ScotCS CSIH_9 (18 January 2008)

A petition for judicial review is lodged, and thus the application to set aside an arbitral award is made, when the petition is physically accepted by the Petition Department without rejection or qualification, regardless of when it is date-stamped or registered; thus, the application in this case was made on 15 August 2006 and was timeous.

Citation
[2008] ScotCS CSIH_9
Parties
Petitioners and Reclaimers: Tor Corporate A. S.; First Respondents: Sinopec Group Star Petroleum Corporation Limited; Respondents: Second, Third and Fourth Respondents
Jurisdiction
Scotland
Judgment Date
18 January 2008
Procedural Posture
Reclaiming Motion in Petition for Judicial Review / Appeal From Lord Ordinary's Dismissal of Petition
Outcome
Reclaiming motion allowed; Lord Ordinary's interlocutor recalled; case remitted for further procedure.
Legal Topics
Time Limits for Setting Aside Arbitral Awards, Lodging and Presentation of Petitions, Interpretation of Procedural Rules
Arbitration Civil Procedure Time Limits for Setting Aside Arbitral Awards Lodging and Presentation of Petitions Interpretation of Procedural Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Tor Corporate A. S.

Petitioners and Reclaimers

Sinopec Group Star Petroleum Corporation Limited

First Respondents

Second, Third and Fourth Respondents

Respondents

Procedural Posture

Reclaiming Motion in Petition for Judicial Review / Appeal From Lord Ordinary's Dismissal of Petition

Legal Issues

  1. 1 When is an application to set aside an arbitral award 'made' for the purposes of Article 34(3) of the UNCITRAL Model Law?
  2. 2 Does the act of lodging a petition in the Petition Department constitute making the application, or is it only when the petition is date-stamped and registered?

Ratio Decidendi

A petition for judicial review is lodged, and thus the application to set aside an arbitral award is made, when the petition is physically accepted by the Petition Department without rejection or qualification, regardless of when it is date-stamped or registered; thus, the application in this case was made on 15 August 2006 and was timeous.

Court Disposition

Reclaiming motion allowed; Lord Ordinary's interlocutor recalled; case remitted for further procedure.

Orders

  • Recall of Lord Ordinary's interlocutor dated 29 May 2007
  • Remit to Lord Ordinary to proceed as accords