News and developments
Zul Rafique & Partners successfully obtained a Final Award in favour of the Claimant in the sum of RM 27 million against the Contractor
The dispute between the Claimant and Respondent involved the supply of 2” & below and 3” & above manual ball valves (collectively known as “manual valves”) for an oil and gas field.
Under the contract with the Claimant (“Contract”), the Respondent was required to amongst others, supply material which included the manual valves that were to be manufactured by a certain manufacturer (“Manufacturer”). Upon conducting investigations, the Claimant discovered that the manual valves supplied by the Respondent were in fact not manufactured by the Manufacturer.
Amongst the issues to be determined by the Tribunal were:-
- Whether there was a contractual obligation on the part of the Respondent to ensure that the manual valves supplied to the Claimant were manufactured and purchased from the Manufacturer; and
- Whether the manual valves supplied by the Respondent were manufactured by the Manufacturer.