| Case ID |
175b4ba3-951e-4dd2-92a0-e3644365269e |
| Body |
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| Case Number |
Suit No.381 of 2001 |
| Decision Date |
May 07, 2004 |
| Hearing Date |
|
| Decision |
The Sindh High Court decreed the suit filed by Cogetex S.A. for the enforcement of a foreign award issued by the Liverpool Cotton Association. The Court held that the foreign award was valid and enforceable under the Arbitration (Protocol and Convention) Act, 1937. The objections raised by the defendants regarding limitation and jurisdiction were overruled, and the Court emphasized that technicalities should not defeat the rights of the parties. The Court found no misconduct by the arbitrators and affirmed the award, ordering the defendants to pay the plaintiff the awarded amount along with interest and costs. |
| Summary |
In the landmark case of Cogetex S.A. v. Qadir H. Sayeed and Yousuf Ali Sayeed, the Sindh High Court addressed critical issues surrounding the enforcement of foreign arbitration awards under the Arbitration (Protocol and Convention) Act, 1937. The plaintiff, Cogetex S.A., a Swiss corporation, sought to enforce an arbitration award issued by the Liverpool Cotton Association regarding a dispute over cotton sales. The Court ruled that the foreign award was valid and enforceable, rejecting the defendants' arguments concerning jurisdiction and the applicability of the Limitation Act. The decision reinforced the principle that foreign arbitration awards should be respected and enforced, even in the face of procedural objections. The ruling is significant for international commercial arbitration, emphasizing the importance of upholding arbitration agreements and awards in a globalized trade environment. This case highlights the need for clear legal frameworks to facilitate the enforcement of foreign awards, ensuring that businesses can rely on arbitration as a reliable dispute resolution mechanism. The decision sets a precedent for future cases involving foreign awards, affirming the judiciary's role in supporting international arbitration. |
| Court |
Sindh High Court
|
| Entities Involved |
Cogetex S.A.,
Liverpool Cotton Association
|
| Judges |
S. Ali Aslam,
Jafri
|
| Lawyers |
Qadir H. Sayeed,
Yousuf Ali Sayeed,
Munib Akhtar
|
| Petitioners |
Cogetex S.A.
|
| Respondents |
Qadir H. Sayeed,
Yousuf Ali Sayeed
|
| Citations |
2004 SLD 2067,
2004 CLD 1023
|
| Other Citations |
Imtiaz Ahmed v. Ghulam Ali and another PLD 1963 SC 382,
Manager Jammu and Kashmir Property in Pakistan v. Khudayar and another PLD 1975 SC 678,
Mst. Begum and others v. Mst. Begum Kaniz Fatima Hayat and others 1989 SCMR 883,
Jamil Ahmed v. Late Saifuddin 1997 SCMR 260,
Nan Fung Textiles Ltd.'s case PLD 1982 Kar.619,
B. Upendra Nath Basu v. B. Het Lal and others AIR 1933 All. 380,
M. Imamuddin Janjua v. The Thal Development Authority PLD 1972 SC 123,
Frederick E. Rose (Commodities) Limited v. Munsoor Ali Tanning Co. NLR 1981 UC 175 Karachi,
Conticotton S.A. v. Farooq Corporation 1999 CLC 1018,
Messrs European Grain and Shipping Ltd. v. Messrs Polychem Company Ltd. PLD 1990 Kar.254,
Nan Fung Textiles Limited v. Sadiq Traders Limited PLD 1982 Kar.619,
Alfred C. Toepfer International v. Pakistan Molasses Company 2003 CLD 1666,
A. Meredith Jones & Co. v. Usman Textile Mills Limited 2002 CLD 1121
|
| Laws Involved |
Arbitration (Protocol and Convention) Act (VI of 1937)
|
| Sections |
7(2),
8(1),
5,
6
|