![Claim No: CL-2024-000563 - [2025] EWHC 1586 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
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IN THE MATTER OF THE ARBITRATION ACT 1969
IN THE MATTER OF AN ARBITRATION
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before :
MR JUSTICE FOXTON
Between :
ENERGYEN CORPORATION | Claimant/ Arbitral Respondent |
- and - | |
HD HYUNDAI HEAVY INDUSTRIES CO LTD - and - HD KOREA SHIPBUILDING & OFFSHORE ENGINEERING CO LTD | First Defendant Second Defendant |
Graham Dunning KC and Wei Jian Chan (instructed by Watson Farley & Williams LLP) for the Claimant
Gemma Morgan (instructed by Preston Turnbull LLP) for the Defendant
Hearing dates: 10 and 11 June 2025.
Draft to the parties:17 June 2025.
Approved Judgment
This judgment was handed down remotely at 14:00 on 26 June 2024 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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Mr Justice Foxton :
- 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