History of Case
Oakwell and Enernorth formed a joint venture in June 1997 to build two barge-mounted power stations in Andhra Pradesh, India. However, the licenses necessary for the project were never obtained, and a new Indian government requirement to use natural gas instead of furnace oil made the project infeasible.
Oakwell commenced arbitration against Enernorth for failure to release the funds for the project. The two sides signed a Settlement Agreement in December 1998, agreeing that the earlier contract was "terminated" and "discharged", and that Enernorth was "released" from any obligations under the contract. Oakwell sold its stake in the venture to Enernorth. Enernorth paid an initial sum to Oakwell and agreed to pay the remainder within 30 days of "financial closure".
However, Enernorth later posited that as the Indian government had not granted the licenses necessary, the project had not achieved "financial closure", and according to Enernorth's lawyers, the Agreement "did not contain any express obligation on Enernorth to procure financial closure". Enernorth sold its remaining stake to an Indian company in 2000.
Read more about this topic: Oakwell Engineering V. Enernorth Industries
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