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FEDERAL COURT PUTRAJAYA
THE GOVERNMENT OF INDIA – Appellant
Versus
CAIRN ENERGY INDIA PTY LTD & ANOR – Respondent
| Table of Content |
|---|
| 1. overview of appeal and factual background (Para 1 , 2 , 3) |
| 2. dispute over psc and arbitration points (Para 4 , 5 , 6) |
| 3. court of appeal's decision and differing opinions (Para 7 , 8 , 9) |
| 4. preliminary issue regarding questions before the court (Para 10 , 11 , 12 , 13) |
| 5. consideration of the first two questions raised (Para 14 , 15 , 16) |
| 6. discussion on choice of curial law (Para 17 , 18 , 19) |
| 7. jurisdiction and curial law implications (Para 20 , 21 , 22) |
| 8. interference scope based on reference type (Para 28 , 29 , 30 , 31) |
| 9. harmonious interpretation of conflicting decisions (Para 38 , 39 , 40) |
[1] This is an appeal by the appellant against the decision of the Court of Appeal which had on 15 September 2009 decided in favour of the respondents.
[2] The facts of this case have been succinctly dealt with in the two separate judgments of the Court of Appeal. (See Cairn Energy India Pte Ltd & Anor v. The Goverment of India, 2009 MarsdenLR 4331 ). As such we will only make reference to the relevant facts and chronology for purposes of clarity in this judgment.
[3] The core of the dispute is related to an oil and gas joint venture. The appellant had entered into a joint ve
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