TRADHOL INTERNATIONAL SA SOCIEDAD UNIPERSONAL vs SHAKARGANJ LIMITED S — 2023 CLD 819 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 819 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: TRADHOL INTERNATIONAL SA SOCIEDAD UNIPERSONAL vs SHAKARGANJ LIMITED S
Provisions referred to: S. 7---N; S. 7

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

TRADHOL INTERNATIONAL SA SOCIEDAD UNIPERSONAL VS SHAKARGANJ LIMITED S. 7---New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Art. V(2)(b)---Final award---Unenforceability---Public policy, contrary to---Plea raised by objector to award was that the award was contrary to public policy in Pakistan---Validity---Recognition and enforcement of an arbitral award under S. 7 of Agreements and Foreign Arbitral Awards) Act, 2011 and New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, could be refused if competent authority in Pakistan would find that recognition or enforcement of the award was contrary to "public policy" of Pakistan---To avail benefit of Art. V(2)(b) of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, the objector had to satisfy the High Court that the recognition or enforcement of award was contrary to "public policy" of Pakistan---Parties to an arbitration agreement were compelled under Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 to take their claims to Tribunals agreed for resolution of disputes by parties and further required the Courts in Pakistan to refer the parties to arbitration---This was the public policy of Pakistan and had be adhered to---There was no violation of Pakistani law or public policy in circumstances.

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