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20 - Injunction of arbitral proceedings and truncation of the tribunal

from PART II - International arbitration

Published online by Cambridge University Press:  07 September 2011

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Summary

On May 4, 1999, two arbitral tribunals sitting in Jakarta under the chairmanship of Jan Paulsson rendered parallel Final Awards in the cases of Himpurna California Energy Ltd. (Bermuda) v. PT (Persero) Perusahaan Listruik Negara (Indonesia) [“PLN”] and Patuha Power Ltd. (Bermuda) v. PT (Persero) Perusahaan Listruik Negara (Indonesia) [“PLN”]. The claims arose under energy sales contracts concluded in 1994 for the supply of electricity to PLN from geothermal fields in Java to be developed at great expense by the applicants, both of which are owned by a California company. The contracts committed PLN to pay for the electricity over a period of thirty years in US dollars. The claimants alleged that PLN had breached and repudiated the contracts. PLN denied breach and among other defenses claimed that performance had been suspended as a result of non-discriminatory governmental measures taken in response to unprecedented economic adversity, including the dramatic devaluation of the Indonesian rupiah which made it impossible to discharge dollar-denominated obligations. The tribunals ruled that PLN had breached the sales contracts, justifying their termination; and in consequence of its breach, PLN was ordered to pay sums that would largely compensate the claimants for their investments but accord less than 10 percent of the amounts claimed for lost profits. The Awards were unanimous on the issue of liability; a majority of President Paulsson and Mr. Setiawan prevailed on the issue of damages.

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Chapter
Information
Justice in International Law
Further Selected Writings
, pp. 212 - 219
Publisher: Cambridge University Press
Print publication year: 2011

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