ORIGIN ENERGY RESOURCES LTD V BENARIS INTERNATIONAL NV AND WOODSIDE ENERGY LTD (NO 2)

摘要

Benaris, as owner of exploitation rights for the development of oil resources, had conflicting commercial interests under a farm-in agreement with Origin, which in turn had different (but undisclosed) arrangements with Woodside for the development of particular wells. The present case was one of a series relating to the ultimate rights of the parties concerning the resolution of those differences. Determination of an earlier action included reference of some incompletely defined issues to arbitration between Origin and Benaris, subject to a stay of current proceedings on terms. Origin and Benaris were unable to agree on either the terms of the arbitration or as to the necessity or terms of the stay order. In another set of proceedings Woodside applied for summary judgment against both Origin and Benaris. Origin sought to have that application for summary judgment determined first and for the arbitration to be stayed pending its resolution. One of the issues raised by Benaris was as to the termination of the farm-in agreement, which raised specialized technical matters clearly suitable for arbitration between Benaris and Origin under an arbitration clause to which Woodside was not a party. The termination of the farm-in agreement would nevertheless have a direct effect upon Woodside.