Facts
The plaintiff A.B. Co., Ltd, a company domiciled in South Korea, concluded a contract (V. Contract) on July 15, 2010 with the defendant C. Pte. Ltd, a company domiciled in Singapore, and the defendant E.E. Company Ltd, a company domiciled in Bangladesh. Pursuant to this contract, A.B. Co., Ltd undertook to plan, procure, manufacture and deliver a diesel power plant at the V. site in Bangladesh.
On November 19, 2010, A.B. Co., Ltd concluded a supply contract (Supply Contract) with the appellant A.A. Co., Ltd, a company domiciled in South Korea, for the delivery of seven diesel engine units for the V. power plant.
The defendants demanded that the appellant A.A. Co., Ltd be included as a party in the arbitration proceedings initiated by A.B. Co., Ltd, as they wanted to sue it alongside the plaintiff for alleged damages.
Considerations
The Federal Court sets aside the arbitral award and remands the case to the arbitral tribunal for clarification of further questions.
The arbitral tribunal had justified its jurisdiction over the appellant A.A. Co., Ltd on the grounds that it had interfered in the conclusion and execution of the V. Contract to such an extent that the contracting parties could have perceived in good faith the intention to be bound by the arbitration clause contained in that contract.
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