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ANONYMISATION APPLIES MR R. TEMMINK, QC (instructed by Fieldfisher LLP) appeared on behalf of the Claimant. THE FIRST DEFENDANT was represented by Herbert Smith Freehills but did not participate. THE SECOND & THIRD DEFENDANTS were not present and were not represented. ____________________
Under the heading "Relief" in the following paragraph the claimant claimed, amongst other things, an order for contribution against the second defendant in respect of any damages payable by the claimant to the first defendant for breach of warranty, again, stated contingently on the premise, "�if [the first defendant] maintains its claim for damages for breach of warranty against [the claimant] only."
That in turn led the tribunal in what it described as the dispositive section, Part L of the Phase 2 Award, to find, declare, rule, order and award that the claimant forthwith pay the first defendant US$11 million and that, save for that award and save in respect of interest and costs in respect to which the tribunal reserved its jurisdiction, "All other claims and counterclaims are dismissed."
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Common Room
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