RIAA Barker Gillette (Pakistan) acted for Star Hydro Power Limited (Star Hydro) in its dispute with the National Transmission and Despatch Company Limited (NTDC) regarding NTDC’s delay in completion of the interconnection works necessary for connecting Star Hydro’s hydropower project to Pakistan’s national grid.
Star Hydro owns and operates the 147MW run-of-the-river Patrind hydropower project in Azad Jammu and Kashmir. The electric power generated by the project is sold to NTDC, Pakistan’s national grid company, pursuant to a power purchase agreement (PPA). South Korean giants K-water and Daewoo Engineering and Construction Co. Ltd sponsor the Patrind project.
We successfully represented Star Hydro in expert determination proceedings under the PPA. The expert decided the dispute in favour of Star Hydro and found NTDC responsible for the delays in testing and commissioning the project. This is the first expert determination in which NTDC has been held accountable for such a delay.
After the expert determination, the parties initiated arbitration proceedings at the London Court of International Arbitration. Star Hydro is seeking recovery of further amounts due to the delay, whereas NTDC has challenged the expert decision. We continue to act as Pakistan law counsel in the arbitration proceedings, while Herbert Smith Freehills acts as arbitration counsel.
Pakistan Partner Nadir Altaf leads the team advising Star Hydro.
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