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Bariven owes full payment of one purchase order that it had purported to cancel
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All of Bariven’s counterclaims are dismissed, on jurisdictional or merits grounds
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Tribunal sees no misrepresentation by Surpass
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Bariven did not meet its burden of proving that the purchase orders had been obtained through corrupt means
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Tribunal sees no need to finally decide on the standard of proof for corruption allegation
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Tribunal doubts that provision on decision by ICC Court on consolidation applies, but finds that these criteria are met in any event
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Arbitrators see clerical error in discrete purchase order that does not refer to terms and conditions containing an arbitration clause, upholding jurisdiction over the corresponding claim
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Tribunal sees no evidence of an agreement by the parties that the BPA would apply even before its effective date
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Effective date of Blanket Purchase Agreement post-dates purchase orders, meaning that the dispute should be referred to arbitration rather than Texas courts
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Background: Chinese state-owned company files for ICC arbitration, asking PdVSA subsidiary to make payments under orders for the purchase of vehicles and equipment
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