Tullow DRC BV - Tullow Oil PLC and Caprikat Limited - Foxwhelp Limited - British Virgin Islands - Eastern Caribbean Supreme Court in the High Court of Justice - Commercial Division - Claim No BVIHC (COM) 2010/0112 - Judgment - 21 October - 19 November 2010
Country
Year
2010
Summary
Injunction - tort - inducement of breach of contract - contract awarded to Applicants by Repub/ique Democratique du Congo CRDC') in July 2006 for the sharing of oil production ('PSC') at Blocks 1 and II of Albertine Graben ('the Territory')) - contract expressed to come into force when President of RDC issues decree of approval - no decree issued - in May 2010 RDC awards similar PSC to Defendants for the Territory - also subject to Presidential approval - President issues decree of approval for Defendants' PSC in June 2010 -Claimants alleging that PSC awarded to Defendants inconsistent with PSC previously awarded to Claimants and that Defendants accordingly induced breach by RDC of Claimants' PSC - whether Defendants to be enjoined from exercising rights under the Defendants' PSC - whether Defendants to be enjoined from assigning benefit of their PSC)
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Accordingly, Tullow claims a declaration that the Defendants have procured a breach of the Tullow PSC and damages but also, and more importantly for present purposes, a final injunction, in the fo~lowing terms:
'30.2 An injunction restraining the Defendants from seeking to exercise its rights pursuant to their contract with the DRC in respect of the grant of exclusive hydrocarbon survey and, exploration rights over and the right to obtain any exploitation concession in Blocks I and " of the Albertine Graben pending the determination of the arbitration proceedings between the Claimants and the DRC concerning the same'
The reference to arbitration is to an ICC arbitration commenced by Tullow against the Government of the RDC on 20 August 2010 pursuant to provisions in the Tullow PSC.
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