OGD Services Holdings Ltd (Appellant) v Norscot Rig Management PVT Limited (Mauritius) (Respondent) (Mauritius)

Case summary

Case ID

JCPC/2025/0116

Jurisdiction

Mauritius

Parties

Appellant(s)

OGD Services Holdings Limited

Respondent(s)

Norscot Rig Management PVT Limited (Mauritius)

Issue

Whether the recognition and enforcement of an arbitral award, insofar as it seeks to award third-party litigation costs incurred pursuant to a litigation funding agreement, is contrary to the public policy of Mauritius within the meaning of Article V(2)(b) of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) as enacted.

Facts

In 2007, the appellant, OGD Services Holdings Ltd (previously registered as Essar Oilfields Services Ltd), entered into an agreement with the respondent, Norscot Rig Management PVT Limited, concerning the technical management of the appellant’s vessel. In 2008, pursuant to the agreement, the respondent referred disputes between the parties to arbitration. In 2011, the respondent entered into a litigation funding agreement with Woodsford Litigation Funding Ltd (“Woodsford”). In a partial award of 2015, the arbitrator determined that the respondent was entitled to legal costs from the appellant, including sums allegedly owed by the respondent to Woodsford under the litigation funding agreement. In the Final Award, the arbitrator determined the quantum payable by the appellant to the respondent. The appellant does not consider itself liable to pay the funding agreement costs and has not paid them. In 2022, the respondent sought payment of those costs through recognition and enforcement of the Final Award in Mauritius. Following a provisional order granting recognition and enforcement, the appellant sought to set aside the Final Award insofar as it ordered payment of the funding agreement costs and to set aside the provisional order. In 2023, the Supreme Court of Mauritius dismissed the set-aside application. The appellant now appeals to the Judicial Committee of the Privy Council, with leave from the Supreme Court of Mauritius.

Date of issue

17 November 2025

Case origin

Appeal As of Right

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