SPACECOM INTERNATIONAL, LLC vs WATEEN TELECOM LIMITED Laws — 2025 CLD 241 LAHORE-HIGH-COURT-LAHORE

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SPACECOM INTERNATIONAL, LLC VS WATEEN TELECOM LIMITED Laws---Applicability---Law of arbitration agreement usually follows proper law of main contract---Arbitration agreement is separable from main contract between parties---Arbitration agreement may have a different law from that of the proper law. Citation Name: 2025 CLD 241 LAHORE-HIGH-COURT-LAHOREBookmark this Case SPACECOM INTERNATIONAL, LLC VS WATEEN TELECOM LIMITED Ss. 3 & 6---Forum of choice---Scope---Choice of forum is crucial in context of seat of arbitration---Rule of dual control would suffer a serious setback if agreed procedure is not followed. Citation Name: 2025 CLD 241 LAHORE-HIGH-COURT-LAHOREBookmark this Case SPACECOM INTERNATIONAL, LLC VS WATEEN TELECOM LIMITED Ss. 3 & 6---Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 ("the New York Convention"), Arts. V(1)(d) & (2)(b)---Foreign arbitral award---Recognition and enforcement---Foreign seat of arbitration---Autonomy of parties, principle of---Scope---Applicant company sought execution of foreign arbitral award---Respondent company resisted execution of award on the plea that composition of arbitral authority for arbitral proceedings was not in accordance with the agreement of parties, as seat of arbitration was Dubai, UAE which was distinguished from Dubai International Financial Centre-London Court of International Arbitration (DIFC-LCIA)---Validity---High Court was not precluded in any sense whatsoever from conducting de novo review of respondent's evidence and submissions with reference to Art. V(I)(d) of the New York Convention---Enforcement Court was "indeed bound" to revisit issues relating to Art. V of the New York Convention---High Court was required by Art. V of New York Convention to conduct a fresh review of parties' evidence to assess whether grounds enumerated in Art. V of New York Convention were met or not---Arbitration must have a seat which signifies a geographical location to prescribe procedural law of arbitration---There is an autonomy and freedom which inheres in the parties to choose a seat (specifically procedural law of the arbitration) and which may be different from proper law of contract and proper law of arbitration agreement---Parties' choice of seat is extremely important simply because law of a particular seat may contain provisions which have important consequences for the conduct of proceedings---Seat is legal rather than physical place of arbitration proceedings and it does not matter whether hearings are held physically at the seat chosen by the parties or some other jurisdiction---This does not detract from the fact that seat of arbitration chosen by parties is curial law of arbitration---Respondent furnished proof that composition of arbitral authority and arbitral procedure was not in accordance with the agreement of the parties in terms of Art. V (1)(d) of the New York Convention and had undermined legitimacy of awards---High Court refused recognition and enforcement of awards in question---Application was dismissed, in circumstances.

SPACECOM INTERNATIONAL, LLC vs WATEEN TELECOM LIMITED Laws — 2025 CLD 241 LAHORE-HIGH-COURT-LAHORE

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