COURT OF APPEAL PUTRAJAYA
CAIRN ENERGY INDIA PTY LTD & ANOR – Appellant
Versus
THE GOVERNMENT OF INDIA – Respondent
[1] The appeal came before us and we unanimously allowed it with costs, for here and below, whereupon the order of the High Court, which was in favour of the Government of India (the respondent), was set aside. The appeal came about as the learned judicial commissioner (JC), had set aside the finding over an issue (hereinafter referred to as 'the relevant issue') in the award, decided by the majority arbitrators in favour of the appellants on 12 January 2009.
[2] I now reproduce the factual matrix and they are as follows. Cairn Energy India Pty Ltd and Ravva Oil (Singapore) Pte Limited (the appellants) and the respondent had a contractual relationship pursuant to an agreement called the Production Sharing Contract dated 28 October 1994 (the PSC). The respondent, through the PSC had agreed to exploit the Ravva Oil Fields in India with a few companies viz the appellants, Petrocorn India Ltd and Oil and Natural Gas Corporation Ltd (ONGC). The appellants and Petrocorn India Ltd, are collectively called the Companies whilst the Companies together with ONGC, are collectively referred to as the "contractor".
[3] Trouble brewed between the appellants and the r
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