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HIGH COURT MALAYA KUALA LUMPUR
THE GOVERNMENT OF INDIA – Appellant
Versus
CAIRN ENERGY INDIA PTY LIMITED & ORS – Respondent
| Table of Content |
|---|
| 1. overview of parties' background and arbitration context. (Para 1 , 5 , 6 , 8 , 10) |
| 2. plaintiff's claims for setting aside the arbitral award. (Para 2 , 4 , 12 , 15 , 20) |
| 3. analysis of arbitral decision based on contractual interpretation. (Para 3 , 11 , 19 , 37) |
| 4. discussion on the legal standards for arbitration and jurisdiction. (Para 21 , 44 , 59 , 95 , 96) |
| 5. arguments on the interpretation of 'base development costs' (Para 32 , 36 , 39 , 50) |
| 6. context of the defendants' submissions (Para 61 , 62 , 66 , 69) |
| 7. final decision to dismiss plaintiff's application. (Para 199) |
[1] The Plaintiff was the Respondent in arbitration proceedings initiated by the Defendants. The parties have been to Court before in relation to the interim award rendered by an Arbitral Tribunal comprising Sir Anthony Evans, Dr. AS Anand and Mr. Andrew Berkeley [see Government of India v. Cairns Energy [2013] MLJ ]. The present application seeks inter alia to set aside the Final Award dated 18 January 2011 [the Award] delivered in Kuala Lumpur. The seat of arbitration is Kuala Lumpur.
[2] The Plaintiffs application is made pursuant to subparas 37(1)(a)(iv) and (v) and (b)(ii) read with subss
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