CYNERGYICO PK LIMITED vs TRAFIGURA PTE LIMITED S — 2025 CLD 1457 KARACHI-HIGH-COURT-SINDH

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CYNERGYICO PK LIMITED VS TRAFIGURA PTE LIMITED S. 7---Specific Relief act (I of 1877), Ss. 42 & 54---Convention on the Recognition and Enforcement of Foreign arbitral awards, 1958, The New York Convention), art. V(2)---Suit for declaration and injunction---Foreign award, enforcement of---Violation of public policy---Effect---Plaintiff company was award-debtor, and resisted enforcement of foreign award on the plea that it was in violation of public policy issued by State Bank of Pakistan---Validity---If plaintiff company (award-debtor) had any objections to recognition and enforcement of the award, it could raise the same in Enforcement Suit and suit of plaintiff company (award-debtor) seeking declaration and permanent injunctions of the award was not maintainable in light of Recognition and Enforcement (arbitration agreements and Foreign arbitral awards) act, 2011 and New York Convention---Question relating to maintainability of "Suit for Declaration and Permanent Injunction" was a question of law and had to be dealt with first before delineating questions of merits of the case---Legal challenge to the award raised by plaintiff company, including in terms of art. V (2) of New York Convention, had to be in separate proceedings, and not under award-creditor's suit---Plaintiff company, did not submit on factual plane and avoided touching upon merits of the case and taking steps that could later prejudice his defence in other suit---Plaintiff company strategically saved his attack on the award under art. V of New York Convention to plead in defendant's (award-creditor's) suit---Defendant (award-creditor) also did not commit himself and face its consequences in other suit seeking the recognition and enforcement of award---Parties did not draw themselves into any discussion about whether the award was contrary to public policy, or what constituted "public policy" under art. V of New York Convention---Division Bench of High Court declined to interfere in the award as there was no violation of the grounds enshrined under article V (2) of New York Convention---Suit filed by plaintiff company was not maintainable under Recognition and Enforcement (arbitration agreements and Foreign arbitral awards) act, 2011---Suit was dismissed, in circumstances.

CYNERGYICO PK LIMITED vs TRAFIGURA PTE LIMITED S — 2025 CLD 1457 KARACHI-HIGH-COURT-SINDH

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