Aiteo Eastern E & P Company Ltd v Shell Western Supply and Trading Ltd and Ors 2024 EWHC 1993 Comm - 01 August 2024

Country
Year

2024

Summary

The Claimant in these proceedings ("Aiteo") applies, pursuant to s. 68 of the Arbitration Act 1996 ("the 1996 Act"), to set aside 4 partial awards ("the Awards" and each an "Award") rendered by a three member arbitration tribunal ("the Tribunal") appointed by the leading arbitral institution, the International Chamber of Commerce ("ICC"). Aiteo also applies to extend the time to make this application, pursuant to s. 80(5) of the 1996 Act.

The 4 Awards arise out of two ICC arbitral references that were consolidated by the Tribunal. They comprise the following, which are described in more detail below: (i) the Offshore Jurisdiction Award dated 15 March 2022; (ii) the Offshore Jurisdiction Award on Costs dated 22 July 2022; (iii) the Consolidation Award dated 22 July 2022; and (iv) the Onshore Jurisdiction Award dated 25 August 2023. In relation to all of those Awards, Aiteo was the unsuccessful party. The Tribunal accepted the arguments of the opposing parties, who comprise a number of lenders ("the Lenders") who provided loans to Aiteo.

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