Entered multiple English-law contracts

Assignment Help Other Subject
Reference no: EM133338048

In 2020, Eco Mining LLP from London (England) entered multiple English-law contracts with Hippo Construction PTY LTD from South Africa, including contracts for the construction of Storage Facilities ("Storage Agreement") and removal of waste material ("Waste Management Agreement") at the mine in South Africa operated by Eco Mining.

Both the Storage Agreement and Waste Management Agreement contained the following arbitration clause: "Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall finally be settled by arbitration in London (England) by an arbitral tribunal composed of three arbitrators in accordance with the UNCITRAL Arbitration Rules. The law applicable to the merits of the case and to the arbitration agreement shall be English law".

On 01 September 2021, Hippo Construction commenced two arbitrations, later consolidated, for GBP 1,000,000.00 to recover sums due from Eco Mining under contracts for mining services carried out by Hippo Construction. Eco Mining made a counterclaim and claimed the cost incurred due to remedial works undertaken following Hippo Construction's defective work. It was agreed in the Procedural Order No. 1 dated 15 December 2021 that the merits hearing shall take place between 01 March 2022 to 07 March 2022.

On 02 January 2022 Eco Mining requested that the arbitral proceedings be adjourned until a site visit could take place on the basis that Covid-19 restrictions had prevented the parties' mining experts from visiting the site. Hippo Construction objected, alleging that (i) The Experts agreed in their Joint Report that a site visit was not necessary to form a view and (ii) Eco Mining failed to adduce evidence regarding the remedial works which it alleged were necessary by reason of defective work. The tribunal refused to adjourn the hearing and declined to rule on whether there should be a site visit prior to consideration of the counterclaims.

On 25 February 2022, Eco Mining wrote to the Tribunal to ask for an adjournment of the hearing of two months until May 2022, after its leading barrister contracted Covid-19 and was advised to take several months off work to recover from illness. Hippo Construction objected, alleging that (i) Eco Mining's leading barrister's ill-health and therefore potential unavailability for the hearing had been known at least since the Pre-Hearing Conference on 1 February 2022 and quite probably before then; (ii) Eco Mining was assisted in the proceedings by a highly-qualified legal team from a reputed international law firm, including a senior partner with considerable experience as counsel in international arbitration; (iii) if Eco Mining nonetheless considered it necessary to have the assistance of leading English barrister, it was still in a position to obtain such assistance, provided it acted promptly. The tribunal declined to adjourn the hearing, which went ahead in March 2022.

On 15 July 2022, the Tribunal issued its Final Award. Hippo Construction was awarded all sums claimed and the counterclaims were all dismissed.

Please answer the following questions based on the applicable laws and rules in this Scenario.

1. Who is the Claimant and the Respondent in this Scenario?

2. What are the applicable laws and rules in this Scenario? Please elaborate.

3. Can the Respondent challenge the final award based on the facts given? If yes, based on which ground(s)? What do you think are the chances of success of that challenge?

4. Where and how can the Claimant enforce the final award? Can the Respondent resist enforcement? If yes, based on which ground(s)?

Reference no: EM133338048

Questions Cloud

What is the cause of breach of obligation : Will the loss of the plow in earthquake extinguish the obligation? What type of obligation is according to the object? What is the cause of breach of obligation
Federal vs. state laws-up in smoke : Federal vs. State Laws: Up in Smoke? Marijuana sales, primarily for medical use but also recreational sales have become big business
Identify elements of the crime : Identify elements of the crime. Discuss evidence and indicate whether it was sufficient to prove the elements. If it was insufficient, identify missing evidence
Regulations need to adapt to meet changing landscape : As the aviation industry is evolving, regulations need to adapt to meet the changing landscape.
Entered multiple English-law contracts : Entered multiple English-law contracts with Hippo Construction PTY LTD from South Africa, including contracts for the construction of Storage Facilities
Explain why civil liberties are not absolute : Explain why civil liberties are not absolute. Give at least two examples of situations where the civil liberties of freedom of speech, freedom of the press,
Privacy has central role in constitutional law : The right to privacy is not explicitly mentioned in the U.S. Constitution. The right to privacy has a central role in constitutional law.
Supreme court history and traditions : Regarding Supreme Court History and Traditions. What are at least two points of significance that you found surprising and/or interesting?
Make professional referral : Discuss the situations in which you believe you may now be or could be less competent, situations that could require you to make a professional referral.

Reviews

Write a Review

Other Subject Questions & Answers

  Given the importance of attachment what could our society

look over the attachment studies presented in your text particularly bowlby ainsworth and harlow.given the importance

  Explain using examples from the film and readings

Why do more unequal societies and communities tend to have worse health than more equal ones? Explain using examples from the film and readings.

  What does mean to owe a duty of care

What does it mean to "owe a duty of care"? What are the common clinical practice areas that give rise to allegations of malpractice?

  Business portfolio analysis

Which of the following is NOT part of business portfolio  analysis?

  What is the role of the teacher

What is the role of the teacher? How should they relate to each other and why? What does the Bible have to say about learners and teachers?

  A firm that owns a wheat farm a grain elevator

A firm that owns a wheat farm, a grain elevator, a flour mill, a commercial bakery, and a grocery store chain is horizontally integrated.

  Write an analysis of colonies or colonial areas

How did the encounter between Indians and Europeans shape the development of the early colonies in the Americas? Please include in your paper an analysis.

  How might technology impact the concept of place

FM003: Explain how technology is impacting delivery of this product or service. How might technology impact the concept of place?

  Professional-work-related goals

What psychological principles could you apply in order to reach your personal goals and/or your professional, work-related goals?

  How you would adapt the directed reading activity

Describe how you would adapt the directed reading activity, the directed reading-thinking activity, and literature-based reading and whole language to support.

  Discuss the rise of the hundred years war

Discuss the rise of the Hundred Years' War. Select the one development related to the war that you think was most significant for the development.

  Why should the us government adopt your policy

Create a policy statement that outlines what you believe the primary priority of the U.S. law enforcement should be: fighting organized crime, or countering.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd