Summary

ICC Arbitration No. 27424/AB/CPB

Introduction

1. This is the hearing of two arbitration claims, being:

i) The 13 Claim issued on 8 January 2025 by Petroleum Exploration (PVT) Limited ("PEL") against Frontier Holdings Limited ("FHL") and Spud Energy Pty Limited ("Spud") under ss.67 and 68 of the Arbitration Act 1996 ("AA96") in respect of a Partial Final Award dated 12 December 2024 ("Award") and a Final Award on Costs dated 31 March 2025 ("Costs Award") issued by Mr Michael M. Collins SC ("Arbitrator") in an ICC arbitration seated in England and Wales brought by FHL and Spud against PEL in 2022 ("London Arbitration"), under an arbitration agreement contained in a Settlement Agreement dated 12 August 2016 between PEL, FHL and Spud ("Settlement Agreement"); and

ii) The 307 Claim issued on 3 July 2025 by FHL and Spud against PEL for damages and a final anti-suit injunction under s.37 of the Senior Courts Act 1981 ("SCA") to restrain PEL from pursuing proceedings in the Pakistan courts ("Pakistani Proceedings") in breach of the arbitration agreement contained in the Settlement Agreement.

The principal focus of attention at the hearing was on the AA96, s.67 challenge in the 13 Claim because (i) the claim under AA96, s.68 that was included in the 13 Claim had been abandoned prior to the start of the hearing; and (ii) as Lord Goldsmith KC accepted in paragraph 8 of his written opening submissions, the only live issue that remained in the 307 Claim was parasitic on the outcome of the jurisdiction challenge in the 13 Claim.

...