POSCO INTERNATIONAL CORPORATION vs RIKANS INTERNATIONAL through Managing Partner/Director Ss — 2023 CLD 189 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 189 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: POSCO INTERNATIONAL CORPORATION vs RIKANS INTERNATIONAL through Managing Partner/Director Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

POSCO INTERNATIONAL CORPORATION VS RIKANS INTERNATIONAL through Managing Partner/Director Ss. 3, 6 & art. V (1)(a)(b) of Schedule---Foreign arbitral award---Recognition and enforcement---Challenge to award---Plea of "public policy"---applicability---Civil suit, pendency of---Effect---applicant company sought recognition and enforcement of foreign arbitral award---Respondent company raised plea of pendency of civil suit before Civil Court in Pakistan---Validity---There was a need to fence the power so that opinion of Courts exuded deference to Legislative intent---arbitral award was contrary to public policy, if it had offended a Constitutional mandate or was forbidden by law or would defeat provisions of any law---Such were the only grounds on which a public policy challenge could succeed---Multiplicity of proceedings, conflicting decisions (between arbitral Tribunal and Courts in Pakistan) and futility were not grounds covered by the doctrine of public policy---High Court recognized the Foreign award in question as a binding and enforceable award---High Court granted judgment in the amount represented in the Foreign award and the same would be executed as a decree of High Court---High Court in terms of O. XXI, R. 10, C.P.C. converted the application into execution proceedings---application was allowed accordingly.

Other judgments reported in 2023 CLD

2023 CLD 393 LAHORE-HIGH-COURT-LAHORESTATE LIFE INSURANCE CORPORATION OF PAKISTAN VS SURRIYA ASGHAR S. 118---Civil Procedure Code (V of 1908), O. XIV, R. 1---Payment of liquidat…
2023 CLD 1184 SUPREME-COURTQazi HUMAYUN VS Mst. SABIHA QAYUM all objections regarding liability and its discharge come to a close after the lapse of the limitation per…
2023 CLD 1184 SUPREME-COURTQazi HUMAYUN VS Mst. SABIHA QAYUM Notice---Party residing outside Pakistan---Under the law service by publication is good service even in re…
2023 CLD 466 SUPREME-COURTSAIF POWER LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Law, Civil Secretariat Islamabad Ss. 231, 263 & 265---Security an…
2023 CLD 297 SUPREME-COURTSUMMIT BANK LIMITED, LAHORE VS M. M. BROTHERS, PROPRIETORSHIP CONCERN O. XXI, Rr. 66 & 67(2)---Proclamation of sales by public auction---Com…
2023 CLD 297 SUPREME-COURTSUMMIT BANK LIMITED, LAHORE VS M. M. BROTHERS, PROPRIETORSHIP CONCERN O. XXI, Rr. 64, 65, 66, 67 & 90---Proclamation of sales by public auct…

Back to the case-law library · Search Pakistani case law in Urdu or English