KARAHA BODAS COMPANY LLC (Plaintiff (Respondent)) v PERUSAHAAN PERTAMBANGAN MINYAK DAN GAS BUMI NEGARA (otherwise known as PERTAMINA) (Defendant (Appellant))

Read the full judgment text of FACV 6/2008 on BabelCite. This FACV judgment was delivered on 6 February 2009 before Chief Justice Li, Mr Justice Bokhary PJ, Mr Justice Chan PJ, Mr Justice Ribeiro PJ and Lord Woolf NPJ.

Costs – arbitration award – indemnity costs – party-and-party costs – fraud allegation – Ladd v Marshall principles – abuse of process – enforcement of award – Court of Final Appeal – KBC sought indemnity costs after appeal dismissed – Pertamina introduced fraud allegation six years after award – court found no impropriety in lateness – appellant misjudged evidential foundations – no abuse of process as award discharged before Court of Appeal hearing – usual party-and-party costs order made absolute.

Legal issues: Indemnity costs for challenging arbitration award

Outcome: Appeal dismissed; order nisi for party-and-party costs made absolute.

Cited by 4 cases