In accordance with Article 28 of the APC and Article 17 of the JOA, disputes should be settled either in the context of ICSID/ICC arbitration (for all disputes involving a foreign trading unit, such as OPL), or in a Pakistani arbitration procedure (for disputes between the Pakistani authorities and each Pakistani trade unit that did not exist at the time of the agreements). Whether an offence is repellent (to justify dismissal) depends on a number of factors. The approach of the courts is, first, to examine the benefits that the aggrieved person should derive from the performance of the contract and, second, to examine the impact of the offence on the victim and to ascertain whether it deprives the aggrieved party, for the most part, of the benefits that the party intended to obtain under the contract, for example: in a multi-contract scenario, the parties should therefore, under a multi-contract scenario, provide jurisdiction under each of the conditions. Consideration should also be given to the circumstances under which consolidation and membership may be necessary. Such clauses require very careful elaboration. If a single contract is followed by another separate contract (as in this case), the presumption of «a stoppage» has even less weight, because «it is easier to conclude that the parties have different jurisdictions to deal with different aspects of the relationship… although the effect may fragment the entire dispute resolution process» (see Trust Risk Group, , ). An anticipated offence (or waiver) is when a party, through words or behaviour, indicates its intention not to fulfill all its contractual obligations and not to fulfill them in a manner significantly different from the requirements of the treaty. It is always important to assess the relationship between the parties before ending it – if there is an ongoing relationship, another approach may be appropriate, for example: under the subsequent FOA, OPL has renounced its interest in the JOA for Zaver and OMV, which have also become parties to the PCA and the JOA. Zaver was a Pakistani unit. The PCA and JOA have not made explicit arrangements to resolve disputes between a foreign business unit (e.g. B OMV) and a Pakistani unit (z.B Zaver), while both sides were now parties to the JOA.
Finally, the Court of Appeal referred to a presumption in favour of a single judgment in the inseminating Fiona Trust case, it is important to remember that the presumption in a multi-contract regulation is a «useful starting point» and only in cases where the corresponding agreements are concluded for different aspects of a global relationship or agreement between the same parties (see Trust Risk Group SpA/AmTrust Europe Ltd  EWCA Civ 437 (Trust Risk Group), ). It does not apply where a single contract creating a relationship is followed by a subsequent contract with a subsequent agreement on the report involving a choice of jurisdiction (and/or other right) expressed in other words. In this case, the starting point will be that disputes arising from an agreement with their own choice of dispute resolution mechanism will not be covered by another contentious clause in another agreement. The dispute a result of OMV Maurice Energy Ltd`s (OMV) request to pay Zaver Petroleum Corporation Ltd (Zaver) and Ocean Pakistan Ltd (OPL) amounts due as operating costs under a joint enterprise agreement of 29 December 1999 (JOA) included in a separate oil concession agreement concluded on the same day (LE PCA).