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