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1
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BETWEEN
CLAIMANT
AND
RESPONDENT
BACKGROUND FACTS
1.
2. On November 2013, Ace was awarded a contract to construct a semisubmersible mobile offshore drilling units (MODU) off the coast of East
Malaysia, named the RigaDig Offshore Oil Platform. Given the specialist
nature of the contract, Ace opted to invite specialist contactors to bid for
the contract. Eventually Ace engaged LexCorp Pty Ltd (LexCorp) as a
sub-contractor for the purpose of building the oil platform. On its website
LexCorp claims to have expertise in constructing deep-water mobile rigs
and semi-submersible units.
include:
a. Clause 11.0 Interim Payments
i. Upon the completion of any of the stages prescribed in the
Method of Construction and upon the issuance of an Interim
Payment Claim by the Contractor, the Employer is liable to
pay the sum claimed.
ii. The Employer is only obliged to make payment after the
issuance
of
an
Interim
Payment
Certificate
by
the
Superintending Officer.
b. Clause 14.0 Design Obligations
i. The Employer is obliged to provide the main Design
specifications to construct the RigaDig MODU.
c. Clause 21.0 Late payment interest
d. Clause 45.0 Termination Clause
i. Any Notice of Termination must be not be issued
unreasonably or vexatiously.
e. Clause 46.0 Time
i. Time is of the essence.
4. LexCorp duly carried out the construction of the oil platform in May 2014.
As the construction of the platform took place, LexCorp issued the Interim
Payment Claims (IP Claims) on the following dates:
5.
6.
7.
8.
9.
10.
11.
Parties agreed for the following points to be bought before the arbitration
panel:
1.
2.
3.
Clarifications are only limited to the factual matrix contained in the moot
question.
4.
The full set of clarifications (if any) will be provided through the Moot Club,
the manner of which will be informed at a later date.