Power and Water Corporation v ENI Australia BV 2022 WASC 376 - 10 November 2022
Arbitration - Where arbitration agreement has exception permitting party to apply to court for urgent declaratory relief - Where party to agreement sought urgent declaration of breach of contract - Whether proceedings should be stayed and parties referred to arbitration
Power and Water Corporation (PWC) and Eni Australia BV (Eni) are parties to a Gas Sale Agreement, dated 1 June 2006 and subsequently amended and varied.
The Gas Sale Agreement is subject to an arbitration agreement set out in sch 4.
On 29 August 2022, PWC commenced proceedings by writ in which it seeks a declaration that Eni has breached the Gas Sale Agreement, orders giving effect to the declaration, and such other orders as the court deems fit. PWC relies on an exception to the agreement to refer disputes to arbitration. ...