![Claim No: CL-2024-000563 - [2025] EWHC 1586 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
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 ”)
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 Claimant (“Energyen”) is a Korean company whose core business is the production of power-generating equipment. Energyen entered into a Supply Contract dated 25 June 2014 (“the Supply Contract”) with a Korean company then called “Hyundai Heavy Industries Co Ltd” with Company Code 009540 and Corporate Registration No 181211-0000386. I will refer to this company as “the Original HHI Signatory”.
- 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