Arbitral Digest

Matter

Genel Energy Miran Bina Bawi Limited v The Kurdistan Regional Government of Iraq (High Court of Justice, Commercial Court [2026] EWHC 1003 (Comm))

Genel Energy v Kurdistan Regional Government concerns LCIA awards over production-sharing contracts, termination and costs, with English review of costs.

  • International commercial arbitration
  • Setting aside arbitral awards
Industry type
Mining and quarrying
Applicable rules
LCIA Rules 2020

Procedural record

  1. 2 December 2024Arbitration

    2 December 2024Arbitration

    Partial Final Award dated 2 December 2024

    London Court of International Arbitration

    Decision summary
    The tribunal held that the Kurdistan Regional Government of Iraq had validly terminated the Production Sharing Contracts and dismissed Genel Energy Miran Bina Bawi Limited's counterclaim for damages for repudiation.

    Participants

    The Kurdistan Regional Government of Iraq
    Genel Energy Miran Bina Bawi Limited
    London Court of International Arbitration

    1 year, 4 months and 29 days later · 515 days

  2. 1 May 2026England and Wales

    1 May 2026England and Wales

    Decision of the High Court of Justice, Commercial Court in case [2026] EWHC 1003 (Comm) dated 1 May 2026

    High Court of Justice, Commercial Court

    Decision summary
    The High Court dismissed Genel Energy Miran Bina Bawi Limited's application under section 68(2)(b) of the Arbitration Act 1996 challenging the tribunal's costs award. It held that the parties' adoption of the LCIA Rules displaced the non-mandatory section 63(3) specificity requirements, that any non-compliance would be an erroneous exercise of an available power rather than an excess of power, and that the costs award complied with those requirements.

    Participants

    Genel Energy Miran Bina Bawi Limited
    Representative
    Mr Charles Graham KC (For: Genel Energy Miran Bina Bawi Limited)
    Representative
    Ms Jade Fowler (For: Genel Energy Miran Bina Bawi Limited)
    The Kurdistan Regional Government of Iraq
    Representative
    Mr Ricky Diwan KC (For: The Kurdistan Regional Government of Iraq)
    High Court of Justice, Commercial Court
    Judge
    Mrs Justice Dias

    Authorities cited

    7
    • Arbitration Act 1996
      statute
    • Lesotho Highlands Development Authority v Impregilo SpA, [2005] UKHL 43; [2006] 1 AC 221
      case-law
    • RAV Bahamas v Therapy Beach Club, [2021] UKPC 8; [2021] AC 907
      case-law
    • Essar Oilfields Services Ltd v Norscot Rig Management PVT Ltd, [2016] EWHC 2361 (Comm)
      case-law
    • Bennion, Bailey & Norbury on Statutory Interpretation, 8th ed. (2020), para 13.1ff
      academic
    • Russell on Arbitration, 24th ed. (2015), para 5-112
      academic
    • Report on the Arbitration Bill
      academic
  3. Date not availableArbitration

    Date not availableArbitration

    Costs Award

    London Court of International Arbitration

    Decision summary
    The tribunal awarded the Kurdistan Regional Government of Iraq more than US$26 million for legal and expert fees after reductions, together with disbursements and Arbitration Costs.

    Participants

    The Kurdistan Regional Government of Iraq
    Genel Energy Miran Bina Bawi Limited
    London Court of International Arbitration

Matter record

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Genel Energy Miran Bina Bawi Limited v The Kurdistan Regional Government of Iraq (High Court of Justice, Commercial Court [2026] EWHC 1003 (Comm)) · Matter