Cases & Deals

Duro Felguera files claim against head contractor relating to Roy Hill Iron Ore Project

Clients Duro Felguera Australia Pty Ltd.

Jones Day is acting for Duro Felguera Australia Pty Ltd (DFA), a Spanish mining and construction contractor, in relation to the following disputes arising in respect of the US$10 billion Roy Hill Iron Ore Project in Western Australia.

• Injunction proceedings in the Supreme Court of Western Australia in connection with calls by Samsung C&T Corporation (SCT), the head contractor on the Project, on performance bonds given by DFA in excess of $140 million.

• Multiple applications for statutory adjudication of payment disputes between DFA and SCT, in which DFA has been awarded in excess of $60 million. SCT has applied for judicial review of the respective determinations, which will be heard by the Supreme Court of Western Australia in July 2016.

• Arbitration proceedings between SCT and DFA in Singapore in respect of the parties' claims against each other under two subcontracts on the Project.

• An application by SCT for urgent declaratory relief from the Supreme Court of Western Australia that the tribunal appointed in the arbitration between the parties has no jurisdiction over DFA's claims in the arbitration.

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