Summary

This article reviews the arbitrations involving the Patuha/Himpurna, Karaha Bodas, and Paiton power projects in Indonesia. The HubCo and WAK power projects in Pakistan and the Dabhol controversy in India also are briefly considered. In each of these matters, courts in the host state enjoined international arbitration proceedings or took jurisdiction over project disputes despite mandatory arbitration clauses in the project documents. Accordingly, power purchasers and local governments may seek negotiating leverage by creating delays through litigation. Importantly, many of the ...