DIFC Arb 003/2017
Pearl Petroleum Company Limited & Others v The Kurdistan Regional Government of Iraq-2
Type
Case
Court
Dubai International Financial Centre - JUDICIAL AUTHORITY OF THE DUBAI INTERNATIONAL FINANCIAL CENTRE, COURT OF FIRST INSTANCE
Jurisdiction
Dubai International Financial Centre
Taxonomy
Arbitration, Litigation Procedure & Practice, Treaties & International Agreements, Enforcement of Judgments
Copyright
LexisNexis
Decision date
20 Aug 2017
Hearing/Judgment date
20 August 2017
Panel
Justice Sir Jeremy Cook
Catchwords
DIFC Freezone – Arbitration – Recognition – Enforcement – Arbitration Award – Ex parte case – Sovereign Immunity – Litigation Procedure – Service – Disclosure – International Treaty
Summary
This case involved the recognition and enforcement of London Arbitration awards under English law. The key issue involved whether state immunity applied in this case. The court also looked at service and disclosure, and the application of an international treaty.
Related Legislation
Article 238 of Federal Law No 11/1992, Article 5 of Federal Law No. 8/2004
Background
The Claimants were claimants in a continuing arbitration against the Defendant, the Kurdistan Regional Government of Iraq. Three arbitration awards had been issued in favour of the Claimants against the Regional Government. The first was declaratory in nature but, of the sums awarded under the subsequent two awards, over USD 2 billion remained unpaid.