They informed the Court in witness statements and/or oral submissions that there was no such defence available because first, the doctrine did not apply in the DIFC and secondly, even if it did, it had clearly been waived. If the DIFC is bound by the terms of treaties which form part of the law of the UAE, it is bound to adhere to the terms of the Riyadh Convention if it is mandatory in its terms in requiring service under Article 6. 58. Dana Gas PJSC, the Middle East's largest regional natural gas company has announced that it received a dividend payment of $22.75 million (AED 83.5m) from Pearl Petroleum Company Limited ('Pearl Petroleum') in proportion to the company's shareholding in Pearl Petroleum.. Found inside Page 638Ltd . , 31 China National Petroleum Corporation , 46 China Southern Guangzhou Pearl River Piano Group Ltd . , 49 Shanghai Petrochemical Co . , Ltd . The arguments advanced by the parties turned in part on the sources of the law of the DIFC and the nature of its jurisdiction. Effect must be given to the plain words and they cannot be rendered meaningless by the means that the KRG suggest. (i) In these circumstance, it would have been hard for the Claimants to disclose a defence, the basis of which was unknown to them. Rudaw. Instagram. The arbitral award may include an award of specific performance and may be enforced by any court of competent jurisdiction, including the Kurdistan Region. [1][2], In April 2007, Dana Gas entered into an agreement with the Kurdistan Regional Government (KRG) for the appraisal and development of two major gas fields in the Kurdistan Region of Iraq: Khor Mor and Chemchemal. Had all the information been given to the Court at the ex parte hearing which became available to it before this judgment was written, with a copy of the parts of the textbook, that would not have changed the Courts view at the time, confirmed in this judgment, that there was an effective waiver and would have done no more than show that there was a possible available argument against the Claimants statement that state immunity was not part of the law of the DIFC. On 17 October 2014, following a hearing on 5 September 2014, the Tribunal made a peremptory order that the KRG pay the Claimants the sum of US$ 100million, to be set off against its liability under the order of 10 July 2014. In agreeing to arbitrate, a party agrees that the arbitration shall be effective in determining the rights of the parties. The ex parte Order of the Court for Recognition and Enforcement would remain in place, subject to the issues of non- disclosure which I now proceed to determine. The KRG effectively wishes to stop the clock at a time prior to the English State Immunity Act of 1978, and to apply in the DIFC what it contended was the common law position at that time, which was said to reflect the common law position throughout the world and which is said to form part of DIFC law. (c) The Claimants applied on 15 June 2017 for an order that the KRG give disclosure of its worldwide assets and then served that application on the KRGs London solicitors. Here the contract is governed by English law, with any relevant rules customs or practices of International Law and it is a judicial function to determine the extent of any contractual waiver of any alleged immunity from the Courts own jurisdiction. ADD Suite 1-2 & 19, 15/ F., Tower 3, China Hong Kong City. The settlement puts an end to years of dispute between the Kurdish government and Pearl Petroleum . Pearl Corporation, Faisalabad. The Contract was governed by English law and provided for any disputes to go to mediation, or if that failed, arbitration under the LCIA rules in London, England. The settlement puts an end to years of dispute between the Kurdish government and Pearl Petroleum . [4] The project was implemented 15 months after the signature of the agreement. As Counsel for the KRG pointed out, whatever the translation difficulties with Article 6, the ex parte Order was a document which, one way or another, had to be served on the KRG in order to effective. TEL852-26261833 FAX852-26261822. On 10 July 2014, the Tribunal issued an interim order requiring the KRG to continue to make payments for Liquid Petroleum Products at 70% of the applicable international price. The Tribunal consisted of Mr John Beechey, Lord Collins of Mapesbury and Lord Hoffman as the presiding arbitrator. 4. GULF PEARL PETROLEUM LTD has 60 total employees across all of its locations and generates $8.44 million in sales (USD). 28. It includes provisions for exchange of information between parties and by Article 3 assures the rights of litigants in the party states: Citizens of the contracting parties shall enjoy within the borders of each party the right of litigation before legal bodies to demand and defend their rights. The Article goes on to bar the requirement of security for exercising such rights and provides that the rights are given to all legal persons established or licensed in accordance with the laws of each of the contracting parties. The Claimants position is that, given they had substantial monthly running costs at the Khor Mor facility, the sudden cessation of all income caused them serious financial difficulties. At paragraphs 386-393, the Court cited the Judgments of the Court of Appeal in Mighell and the decision of the House of Lords in Duff and held that there was no implied waiver of immunity from suit in the agreement to arbitrate. 2021 Iraq Business News. Article 10, under the rubric Event of Rejecting to execute the Application for Service of Notice or Notification [Refusal to implement the request for publication or notification] provided, in the translation provided by the Claimants, which is no different in meaning apart from referring to a request for publication or notification, as opposed to an application for service of notice or notification (as per the different rubrics), but is more grammatical than that provided by the KRG: no request for the publication or notification may be denied in accordance with the provisions of this agreement except where the contracting party receiving such request considers that it may be detrimental to its sovereignty or public order therein.. Pearl-Continental Hotel Karachi, +3 more Karachi University, +2 more Faisal Naeem Manager at Lasani Techno Impex Pakistan. 66. Found inside Page 187 has been acquired by Pearl Petroleum Sales Ltd. , part of the David Chapman organization . The coachbuilding division of Robert B. Massey and Co. Ltd. As a matter of construction, the two provisions amount to a full waiver of immunity. At an event that was attended by regulators, leaders and key stakeholders in the capital market, Seplat achieved the feat of emerging the "PEARL" back-to-back . Whilst this is denied by the KRG, in circumstances where I asked if an undertaking would be given not to stymie service by this means and Counsel could give none in court and none has been forthcoming since, this appears a fair inference in the light of past history. There is no citation of the Court of Cassation decision. It is clear that the KRG entered into an agreement to arbitrate in London under the auspices of the LCIA and that in agreeing to London as the seat of the Arbitration, it also agreed to the English Court as the supervisory court. If the effect is that service can by stymied lawfully under the terms of the Convention by the engagement of Article 10 by the KRG, as opposed to the Federal Republic of Iraq, which may depend on a number of factors relating to its status and possible questions of issue estoppel and the effect of other treaty obligations, or can be stymied in practice by questionable and unlawful means, that is the result of the treaty obligation by which DIFC is bound and which it is bound to observe. Snapchat. On its own terms the order cannot be enforced until the expiry of the time permitted after service for such a challenge to be mounted and, if such a challenge is mounted, after the court has determined the validity of the challenge. 75. Recognition of the validity of an award goes no further than that. There never was justification for the perceived rule of English law enunciated in Mighell and Kahan, which clearly belongs to a bygone era. Found inside Page 203LTD. 15 Hoe Chiang Road, H12-00 Sanford Building, Singapore 0208 Tel: 2255177, 473-2255 Cable: Bousteadco Telex: 21010 blending of lubricants and trading in petroleum products Parent Company: British Petroleum Company plc Associated 21. In case of failure to appoint an arbitrator or to agree on the appointment of the third arbitrator, Rules of the LCIA shall apply. 26. Office is located in G-11 Markaz. Moreover, the waiver of immunity contended for was an implied waiver, said to arise from the arbitration agreement itself where it was agreed that the Award was to be binding on the parties and included a provision that the parties undertook to carry out any Award without delay and should be deemed to have waived their right to any form or recourse insofar as such waiver can validly be made. Abu Dhabi - Mubasher: Dana Gas, listed on the Abu Dhabi Securities Exchange (ADX), revealed that its share of Pearl Petroleum Company Limited's collections from the sale of condensate, liquefied petroleum gas (LPG) and gas in the Kurdistan Region of Iraq (KRI) grew by 74% in the six-month period ended June 2019. Found inside Page 323More recent cases before the English High Court, such as (1) Pearl Petroleum Company Limited and others and The Kurdistan Regional Government of Iraq,47 have remained consistent with this approach, with the English courts finding that Reference was made to Egyptian law (which has a restrictive doctrine of state immunity) which is sometimes a point of reference for courts but no attempt was made to show that its law on the point was applicable. Found inside Page 63BUSINESS Danish Bacon DBC Danish Bacon Pickfords Ltd. and Norcros Ltd. announce that negotiations have been concluded by the Transport Holding Company A Proud Tradition Since 1880. He stated that the position in English law prior to the enactment of the 1978 Act was thought to be that a prior contractual submission to the jurisdiction of the court was ineffective to amount to a waiver of immunity and that nothing less than an appearance in the face of the court would suffice. (1) Where, upon the application of a party for recognition of an arbitral award, the DIFC Courts decides that the award shall be recognised, it shall issue an order to that effect. The clear intention of the alternative service provisions is to cater for the situation where a party is obstructing service and to do so whether the defendant in question resides in or outside the courts territorial jurisdiction. Federal Law No. When Crescent and Dana refused, the KRG blocked their performance of the Contract and denied their rights thereunder. Given the international nature of the DIFC, permission to serve process outside the DIFC is not required, as RDC 9.53 states, but it is the responsibility of the party serving process to ensure he complies with the rules regarding service of the place where he is seeking to effect service. Under RDC 9.54, where a claim form is to be served out of the DIFC or Dubai, it may be served by any method permitted by the law of the place in which it is to be served whilst under RDC 9.55, nothing in these Rules or in any Court order shall authorise or require any person to do anything in the place where the claim form is to be served which is against the law of that place.. By John Lee. Whatever else may be included in the expression non-legal or non-judicial documents and papers pertaining or relating to commercial cases, and whatever notional or practical difficulties might arise in relation to the need for service or delivery of all such documents relating to the proceedings on the KRG (correspondence etc), the Order and the inter partes application, as a matter of DIFC procedural law, had to be served on it and the Article provided that they shall be sent/dispatched by the authority or the competent legal officer /judicial body or officer concerned to the court of the district where the defendant resided. I regret that I cannot accept this submission. If the Court decides that there is, on the proper view of the contract and in accordance with its own procedural rules, a waiver of such immunity, it is hard to see how any public policy issues can arise and none were suggested here. London, W1K 1QW. The KRG disputed that BP [7] had applied at any material time. 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