Summary

EASTERN CARIBBEAN SUPREME COURT
BRITISH VIRGIN ISLANDS
IN THE HIGH COURT OF JUSTICE
(COMMERCIAL DIVISION)
CLAIM NO. BVIHC (COM) 2015/0117
CLAIM NO. BVIHC (COM) 2019/0067
BETWEEN:
PT VENTURES SGPS SA
and
VIDATEL LTD
2020: 7 May - 12 May

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This case concerns the enforcement of an arbitration award for US$646,445,968 given by a Paris arbitration panel in favour of PT Ventures against Vidatel. I last dealt with the matter on 16th March 2020, when I handed down a judgment dealing with an application by PT Ventures for summary judgment against Vidatel. At that time, Vidatel raised a number of defences. The first two ("the Paris defences") were (a) that the arbitral panel had not been composed in accordance with the provisions of the shareholders' agreement which contained the arbitration provision and (b) that two of the arbitrators were conflicted. The remaining three ("the BVI defences") raised matters of BVI public policy. I granted the summary judgment in respect of the three BVI defences. I refused to grant summary judgment on the first Paris defence (the composition issue) and adjourned the second Paris defence to be determined at trial. The factual background I set out in my earlier judgment and I shall not reproduce it in the current judgment.

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