TRADHOL INTERNATIONAL SA SOCIEDAD UNIPERSONAL vs SHAKARGANJ LIMITED Ss

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TRADHOL INTERNATIONAL SA SOCIEDAD UNIPERSONAL VS SHAKARGANJ LIMITED Ss. 6 & 7---New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, Art. V(2)(b)---Civil Procedure Code (V of 1908), O. XXI, R. 10---Recognition and enforcement of foreign arbitral award---Pro-enforcement bias---Effect---Applicant filed application seeking recognition and enforcement of foreign arbitral award in Pakistan, issued by London Court of International Arbitration---Objector to the award raised plea of pro-enforcement bias---Validity---Pro-enforcement policy under New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, refers to a legal approach that favors recognition and enforcement of foreign arbitral awards---Such approach is based on the principle of comity, which requires countries to show respect and deference to legal systems and decisions of other countries and arbitral tribunals---Pro-enforcement policy under New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, is important because it promotes finality and enforceability of arbitration awards---When parties agree to resolve their disputes through arbitration, they expect that resulting award is final and binding---Pro-enforcement policy helps to ensure that parties can rely on arbitration process to resolve their disputes and that resulting awards are enforced in other countries---In practice, a pro-enforcement policy means that courts should apply a narrow standard of review when considering applications for recognition and enforcement of foreign arbitral awards---Such standard requires courts to limit their review to procedural matters and to refrain from re-examining substance of dispute---Such approach ensures that recognition and enforcement process is swift and efficient, which benefits both parties and promotes international trade and commerce---Pro-enforcement policy under New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, is essential to promote recognition and enforcement of foreign arbitral awards---Such approach reflects importance of promoting finality and enforceability in arbitration process, which in turn contributes to stability and predictability of international commerce---High Court is bound to implement it as such---Objector failed to defend its foreign arbitration award on the grounds raised under S. 7 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 read with Art. V(2)(b) of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, by its conduct while appearing before London Court of International Arbitration Award, and by not filing proper documents under Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 and even by its reply filed before High Court---Objector filed reply (four pages only) without any document/annexure by taking preliminary objections, whereas, applicant filed application under S. 6 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, read with Art. IV of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, and had met with all requirements for enforcement of the "Final Award"---High Court recognized the "Final Award" as binding---High Court passed judgment in the amount represented in the "Final Award", which would be executed as decree of High Court---High Court in exercise of powers under O. XXI, R. 10, C.P.C. converted the application into execution proceedings--- Application was allowed accordingly.

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

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