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Shell involved in Petronas litigation

The Malaysian Insider

Petronas sues Indias Adani Energy for RM322m

NEW DELHI, June 3 — Oil giant Petronas has filed a US$100 million (RM322 million) lawsuit against India’s Adani Energy Ltd for failing to comply with an agreement to import liquefied natural gas (LNG).

Asean LNG Co Ltd, a subsidiary of Petronas, filed the multi-million-dollar suit after Adani failed to obtain space at Gujarat’s cargo terminal to take delivery of the LNG last year, reported the Minit, a businesss newspaper published by India’s Hindustan Times.

Asean LNG then initiated an arbitration process against the company at the London Court of Internal Arbitration last January for damages.

Quoting sources, the paper said Adani officials tried to secure the cargo space in Gujarat, where there were two LNG terminals – in Dahej and Hazira – but failed to do so, which then put the company in precarious position.

Petronet LNG Ltd operated the Dahej terminal, while Shell Corp managed Hazira, and the latter confirmed that Adani approached them to import LNG but the company could not help because of non-availability of space.

Both parties entered an agreement in August 2006 that was valid for three years.

The Gujarat-based company, which is under the Adani Group, is involved in production, distribution and transportation of energy.

Adani Group is one of India’s leading business entities, involved in infrastructure development and trading, with annual turnover of US$4.3 billion (RM13.85 billion).

The group set up the Adani Energy arm to implement its natural gas distribution network in two major cities in Gujarat – Ahmedabad and Vadodara.

The Minit obtained the details from the draft red herring prospectus filed by Advanni Energy with the Securities and Exchange Board of India. — Bernama 

http://www.themalaysianinsider.com/mni/petronas-sues-indias-adani-energy-for-rm322m.html 

Petronas sues India’s Adani Energy for RM322m 

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Posted: Thu, May 29 2008. 1:24 AM IST

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Adani Energy taken to court by Petronas

The Malaysian unit, Asean LNG Trading Co. Ltd, has initiated legal action because Adani Energy went back on a contract to import LNG

John Samuel Raja D. and Sunil Raghu

New Delhi: Adani Energy Ltd, which is part of the Adani group that has interests in oil and ports, has been slapped with legal proceedings claiming $100 million (Rs429 crore) in losses, way in excess of the unit’s revenue, by an arm of Malaysia’s state oil and gas firm Petroliam Nasional Berhad (or Petronas), for violating an agreement to buy and sell liquefied natural gas, or LNG. 

This is according to information available in the draft red herring prospectus filed by Adani Power Ltd, which produces and distributes power, and is another Adani group firm. Such filings are made to stock market regulator Sebi by companies wishing to make an initial public offering of shares. Adani Power filed its prospectus on 30 April.

When contacted over phone, an Adani spokesperson said the group would not like to comment on the issue. An email sent to the Indian office of Petronas remained unanswered. 

The Malaysian unit, Asean LNG Trading Co. Ltd, has initiated legal action because Adani Energy went back on a contract to import LNG after it failed to muster space at a cargo terminal in Gujarat last year to take delivery of the product. Asean LNG then went ahead and initiated arbitration proceedings against the Adani company in the London Court of International Arbitration in January, claiming damages for failure to adhere to the agreement. 

Adani Energy ended March 2008 with a net profit of Rs10 crore on revenues of Rs178 crore. 

Typically, firms go to arbitration courts when they are unable to resolve the matter through mutual talks. Most international contracts have a clause that states which court all disputes will be taken to, should differences arise, lawyers say. 

Gujarat has two LNG terminals, at Dahej and Hazira, operated by Petronet LNG Ltd and Shell Corp., respectively. 

An Adani group official, who is familiar with the agreement between the two companies, said the group was hopeful of convincing one of the two to allot space for the cargo, but could not do so. The imported gas “was cheaper by as much as 50 cents to a dollar compared to the prevailing market rate at that time. But with the deal not happening, things went awry,” the same official added. This person cannot be named as he is not authorized to talk about this agreement. 

A senior official at the Shell-operated port in Hazira confirmed that Adani Energy did approach them to import LNG, but that the port could not help them because of non-availability of capacity. He didn’t want to be identified. Petronet LNG officials were not available for comment.

According to the prospectus, Adani Energy is engaged in the production, supply, transportation and distribution of all forms of conventional and non-conventional energy. In the offer document, Adani said the purchase agreement with Asean LNG signed in August 2006 was valid for three years. Details of each transaction between Asean LNG and Adani were through “confirmation notices”, agreeing on the details and price of fuel which would be finalized through a “delivery notice” ahead of loading and shipping, the company added in its filing. 

The confirmation notices between the two companies were signed on 12 March 2007. But, Adani claims in its prospectus that it did not sign the “delivery notice” as it could not get the terminal. 

Mint could not ascertain whether Asean LNG had agreed to let Adani forgo the contract for a penalty fee. It is also not clear whether there were any stages to the dispute before it ended up in the London court. 

India’s rapidly expanding economy is creating huge demand for fuel, including LNG. A study by the country’s apex policy planning agency Planning Commission has estimated that for India to sustain a growth of 8-9% in gross domestic product till 2031-32, it has to increase its primary energy supply fourfold. 

[email protected]

Rasul Bailay contributed to this story.

http://www.livemint.com/2008/05/29011753/Adani-Energy-taken-to-court-by.html

 

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