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Conclusions
Conclusion
For these reasons, Energyen’s challenges to the Award are dismissed.
- Heading
- This is the hearing of challenges under ss.67 and 68 of the Arbitration Act 1996 (“ the 1996 Act ”) in relation to the Final Award in ICC Case 26615/XZG (“ the Award ”)
- The issues in summary
- The facts
- The Spin-Off plan
- The effect of the Spin-Off plan as a matter of Korean law
- The rival cases
- The translation issue
- The position as a matter of Korean law
- The effect of the Spin-Off plan as a matter of English law
- The dispute emerges and is referred to arbitration
- Energyen’s jurisdiction challenges
- Who commenced the arbitration?
- Did the HHI 2019 Company validly commence the arbitration?
- The notice issue
- The position if the Original HHI Signatory had been the arbitral claimant?
- The section 73 argument
- Conclusions