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ARTICLE · 31 JANUARY 2003

Appeal on a Question of Law - Section 69 Arbitration Act 1996

Herbert Smith Freehills Kramer LLP
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United KingdomLitigation, Mediation & Arbitration

Reliance Industries Ltd

v Enron Oil & Gas India limited [2002] 1 All ER (Comm) 59

A Commercial Court decision which will have relevance to international arbitrations with their seat in England or Wales. Mr Justice Aikens considered the application of section 69 of the Arbitration Act 1996 in relation to appeals from arbitration awards. The decision clarifies the position in relation to the application of English law principles in proceedings where the dispute is to be determined under foreign law.

Facts

Three companies, Reliance Industries Limited ("Reliance"), Enron Oil & Gas India Limited ("Enron") and Oil & Natural Gas Corporation Limited were parties to arbitration proceedings concerning the operation of two offshore oil and gas fields on India’s continental shelf. Enron was appointed Operator of the fields under two Joint Operating Agreements ("JOAs").

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