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2022 MarsdenLR 559

HIGH COURT MALAYA KUALA LUMPUR
HINDUSTAN OIL EXPLORATION COMPANY – Appellant
Versus
LIMITED HARDY EXPLORATION & PRODUCTION (INDIA) INC – Respondent


Petitioner Advocates:Ooi Huey Miin,Diane Hong ,Respondent Advocate: Avinash Vinayak Pradhan,Rubini Murugesan,Derrick Leong Tjen Ming,Nur Fathin Amira Sapawi

JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] This Originating Summons ("OS") was filed by the Plaintiff against the Defendant to set aside a majority arbitral award dated 28 February 2020 ("Majority Award").

[2] After having read the cause papers, considered the submissions of the parties and heard their oral arguments, I dismissed the OS with costs on 11 February 2022. This judgment contains the full reasons for my decision.

Background Facts

[3] The background facts are culled from the cause papers and submissions of the parties.

[4] The Plaintiff, Defendant, Tata Petrodyne Limited ("TPL"), and Oil & Natural Gas Corporation Limited ("ONGC") (collectively, "the Parties") were parties to a Joint Operating Agreement dated 5 December 1995. The JOA was subsequently modified by an Addendum Agreement dated 19 April 1999 ("JOA").

[5] The JOA was an agreement entered into pursuant to the express requirements of a Production Sharing Contract dated 31 December 1994 ("PSC") between the same parties, and the Government of India.

[6] Pursuant to the PSC, the Government of India as owner of the petroleum resources in the Cauvery Basin, offshore India, specifically identified as Block CY-OS-90/1 ("Con


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