Summary

Exequaturverzoek tav arbitrale vonnissen, wordt toegewezen. Toepassing Verdrag New York en art. 1075 (oud) Rv. Beroep van verweerster op weigeringsgronden van VNY wordt verworpen.

Gas Sales and Purchase Contract (GSPC)

Award on Jurisdiction and Liability (31 July 2014)

"The Tribunal:

A. CONFIRMS that it has jurisdiction over the claims presented by Crescent Petroleum Company International Limited and Crescent Gas Corporation Limited against the National Iranian Oil Company in this arbitration;

DECLARES that the Gas Sales and Purchase Contract entered into by the National Iranian Oil Company and Crescent Petroleum Company International Ltd. on 25 April 2001 ("GSPC") is valid, in effect and binding on the Parties;

DECLARES that Crescent Gas Corporation Limited is a party to the GSPC by assignment and a competent joint claimant in this arbitration;

DECLARES that the National Iranian Oil Company has been in breach since 1 December 2005 and remains in breach of its obligation to deliver gas under the terms of the GSPC;

DISMISSES the National Iranian Oil Company's defences and counterclaims;

RESERVES all questions concerning costs, fees and expenses, including the Parties' costs of legal representation, for subsequent determination; and

REQUESTS the Parties to confer regarding the procedural calendar for the next phase of the arbitration, and report to the Tribunal in this respect within 60 days of receipt of this Award."

Op 27 september 2021 heeft het scheidsgerecht een arbitraal vonnis gewezen (hierna: de Remedies Award) dat door alle arbiters is ondertekend. In dat vonnis heeft het tribunaal het volgende beslist:

"XV. AWARD

887. For these reasons, and in the light of the Award on Juridiction and Liability of 31 July 2014, the Tribunal makes the following declarations, orders and directions:

A. It is DECLARED that the National Iranian Oil Company (" NIOC ") is liable to pay damages to Crescent Gas Corporation (" CGC ") for NIOC's breaches of the Gas Sales and Purchase Contract of 25 April 2001 (" GSPC ") up to 31 July 2014 in the following amounts:

(1) USD 1,344.70 million in respect of CGC's loss of profits from on-sale of gas that should have been supplied under the GSPC; and

(2) USD 1,085.27 million in respect of CGC's liability to CNGC in respect of CNGC's loss of profits from on-sale of gas and sale of products.

B. It is ORDERED that NIOC pay to CGC, within three (3) months of the date of this Partial Award, the amount of USD 2,429.97 million.

C. It is ORDERED that NIOC pay to CGC post-award interest on the amount referred to in B. at the rate of 12 month EIBOR + 1 percentage point, compounding annually, commencing from three (3) months from the date of this Partial Award until date of payment.

D. The Claimants' claim for pre-award interest is dismissed.

E. (1) The Claimants' claim for declarations of indemnity in respect of liability to end-users and to CNGC in respect of its liability to end-users and service providers is deferred for further consideration.

(2) The Parties may apply for directions in respect of the matter referred to in E.(1) within three (3) months of the date of this Partial Award.

F. (1) The Tribunal reserves for subsequent determination all questions concerning costs fees and expenses, including the Parties' costs of legal representation.

(2) The Claimants are directed to file, within eight (8) weeks of the date of this Partial Award, any submissions they wish to make on the matters referred to in F.(1) except as to quantum.

(3) The Respondent is directed to file, within a further eight (8) weeks, any submissions it wishes to make on the matters referred to in F.(1) except as to quantum.

G. The Tribunal reserves jurisdiction in respect of the matters referred to in E. and F. above.

H. The Respondent's claims for relief, save insofar as they relate to the matter of declarations of indemnity and questions of costs, are dismissed."

...

OGEL: (1) Crescent Petroleum Company International Limited (2) Crescent Gas Corporation v National Iranian Oil Company (NIOC) - PCA Case No 2009-20 - Partial Award on Remedies - 27 September 2021