HEILAND RESOURCES LIMITED vs. SINOPEC INTERNATIONAL PETROLEUM LTD

The dispute arose out of a major gas infrastructure project in Ghana. Ghana National Gas Company Ltd contracted Sinopec International Petroleum Ltd to execute aspects of the Ghana Early Phase Gas Infrastructure Project / Western Corridor Gas Infrastructure Development Project. Sinopec in turn engaged Heiland Resources Limited as subcontractor under two written agreements: an Equipment Rental Agreement dated 21 May 2013 and an Agreement for Lateral Line Civil Works dated 22 November 2014 (“Lateral Line Contract”). The Lateral Line Contract contained an arbitration clause in clause 16.2. According to Heiland, during execution of the project, further works outside the original scope were introduced through the involvement of supervisory officials and through email and oral arrangements, including altered pipeline routes, concrete pipeline bridges, river crossings, clearing, grading, trenching, padding, compaction and geodetic works. Heiland contended these were separate or additional contracts for which separate payment was due but remained unpaid. The majority identified these facts principally from section 3 of the judgment, especially paras. 3, 3.1 and 3.2, and from the reliefs endorsed on the statement of claim discussed in section 8 and the fraud particulars referred to in section 11.