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Svenska Petroleum Exploration AB v Lithuania (No 1)

Svenska Petroleum Exploration AB v Lithuania (No 1) 11 January 2005 Nigel Teare QC sitting as Deputy Judge of the High Court Commercial Court [2005] EWHC 9 [2005] ArbLR 56 Arbitration award--Enforcement--Recognition--Arbitrators upholding jurisdiction over state entity and state--State failing to challenge award on jurisdiction in supervisory jurisdiction (Denmark)--Whether issue estoppel in enforcement jurisdiction (no)--Whether to `recognize' award (yes)--Arbitration Act 1996, ss 103(2)(d) and 103(3) Award `recognized' but challenge to jurisdiction allowed to proceed In 1993, Svenska concluded a joint venture agreement with then Lithuanian state-owned enterprise, Geonafta AB. The JVA was subject to an agreement, at art 9, to ICC arbitration, in Copenhagen: 9.1 Disputes between the Founders concerning the performance or interpretation of this Agreement are settled through negotiations between the Founders. 9.2 In the event that disputes cannot be settled within 90 days as of the receipt of the written notice by either Founder about the existence of such disagreement, the disputable matter shall be submitted upon agreement of the Founders for consideration to: (a) the Court of the Republic of Lithuania; or (b) independent arbitration in Denmark, Copenhagen, to be conducted in accordance with International Chamber of Commerce Rules of Arbitration in the English language. In case the Founders do not reach http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Svenska Petroleum Exploration AB v Lithuania (No 1)

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Svenska Petroleum Exploration AB v Lithuania (No 1)

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

11 January 2005 Nigel Teare QC sitting as Deputy Judge of the High Court Commercial Court [2005] EWHC 9 [2005] ArbLR 56 Arbitration award--Enforcement--Recognition--Arbitrators upholding jurisdiction over state entity and state--State failing to challenge award on jurisdiction in supervisory jurisdiction (Denmark)--Whether issue estoppel in enforcement jurisdiction (no)--Whether to `recognize' award (yes)--Arbitration Act 1996, ss 103(2)(d) and 103(3) Award `recognized' but challenge to jurisdiction allowed to proceed In 1993, Svenska concluded a joint venture agreement with then Lithuanian state-owned enterprise, Geonafta AB. The JVA was subject to an agreement, at art 9, to ICC arbitration, in Copenhagen: 9.1 Disputes between the Founders concerning the performance or interpretation of this Agreement are settled through negotiations between the Founders. 9.2 In the event that disputes cannot be settled within 90 days as of the receipt of the written notice by either Founder about the existence of such disagreement, the disputable matter shall be submitted upon agreement of the Founders for consideration to: (a) the Court of the Republic of Lithuania; or (b) independent arbitration in Denmark, Copenhagen, to be conducted in accordance with International Chamber of Commerce Rules of Arbitration in the English language. In case the Founders do not reach

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.797
Publisher site
See Article on Publisher Site

Abstract

11 January 2005 Nigel Teare QC sitting as Deputy Judge of the High Court Commercial Court [2005] EWHC 9 [2005] ArbLR 56 Arbitration award--Enforcement--Recognition--Arbitrators upholding jurisdiction over state entity and state--State failing to challenge award on jurisdiction in supervisory jurisdiction (Denmark)--Whether issue estoppel in enforcement jurisdiction (no)--Whether to `recognize' award (yes)--Arbitration Act 1996, ss 103(2)(d) and 103(3) Award `recognized' but challenge to jurisdiction allowed to proceed In 1993, Svenska concluded a joint venture agreement with then Lithuanian state-owned enterprise, Geonafta AB. The JVA was subject to an agreement, at art 9, to ICC arbitration, in Copenhagen: 9.1 Disputes between the Founders concerning the performance or interpretation of this Agreement are settled through negotiations between the Founders. 9.2 In the event that disputes cannot be settled within 90 days as of the receipt of the written notice by either Founder about the existence of such disagreement, the disputable matter shall be submitted upon agreement of the Founders for consideration to: (a) the Court of the Republic of Lithuania; or (b) independent arbitration in Denmark, Copenhagen, to be conducted in accordance with International Chamber of Commerce Rules of Arbitration in the English language. In case the Founders do not reach

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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