Summary

The Claimant, Tecnicas Reunidas Saudia For Services & Contracting Co. Ltd ("Tecnicas"), brings an arbitration claim against Petroleum Chemicals and Mining Company ("PCMC") under section 67 of the Arbitration Act 1996 (the "Section 67 Application") challenging a Partial Award on Preliminary Issues (the "Award") as to "whether the Tribunal has jurisdiction to hear [PCMC's] principal claims" issued by an arbitral tribunal in an institutional arbitration under the auspices of the International Chamber of Commerce ("ICC").

Tecnicas does so on the ground that the Tribunal had no jurisdiction to hear the claims relating to a dispute that arose between PCMC and Tecnicas, because (per Tecnicas) the parties never agreed to any arbitration under the auspices of the ICC, but only to an ad hoc arbitration in London before three arbitrators as set out in the arbitration clause in the Purchase Order, which formed part of a subcontract (the "Sub-Contract") between the parties, and which had precedence over other documents forming part of the Sub- Contract. The Sub-Contract itself was for part of the works in relation to the provision of engineering, procurement and construction work in connection with the Fadhili gas processing plant in Saudi Arabia.