HUNANENG FUYUN PORT AND SHIPPING (PVT.) LTD. vs JIAOZUO CREATION HEAVY INDUSTRY COMPANY LTD

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HUNANENG FUYUN PORT AND SHIPPING (PVT.) LTD. VS JIAOZUO CREATION HEAVY INDUSTRY COMPANY LTD. Ss.6 & 7---Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York Convention), Art. V---Foreign Arbitral Award, enforcement of---Non-summoning of record of arbitration---Violation of public policy---Effect---Respondent company sought enforcement of foreign Arbitral Award under S. 6 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011---Appellant company filed application to summon record of arbitration proceedings and appointment of an official to inspect the site---Judge in Chambers of High Court dismissed both the applications---Validity---Except the circumstances listed under S. 7 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 read with Art. V of New York Convention, the Court has no option but to recognize and enforce the award in the same manner as it does a judgment or order of the Court in Pakistan---Court is not empowered to hold a trial, weigh the merits and substitute its own view for the view already arrived at in the award---Court is required under S. 7 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 to treat the award enforced as binding for all purposes on persons between whom it was made---It is only the award which can be relied upon by any of the persons by way of defence or set off---Court enforcing foreign award was empowered only to recognize and enforce the award as if it was a judgment or order of Pakistani Court on the basis of documents submitted in terms of S. 5 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, which essentially meant that such Court had to act as an Executing Court---Executing Court could not resume merits of the case and alter terms and conditions of ajudgment or decree---Courts enforcing foreign arbitral award was not empowered to question merits of award and substitute its view for a view taken by the Arbitrators in the award, except only in the circumstances enumerated in Art. V of the Convention---Division Bench of High Court declined to interfere in the order passed by Judge in Chambers of High Court---Intra Court Appeal was dismissed, in circumstances.

HUNANENG FUYUN PORT AND SHIPPING (PVT.) LTD. vs JIAOZUO CREATION HEAVY INDUSTRY COMPANY LTD — 2026 PLD 42 KARACHI-HIGH-COURT-SINDH

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