| Case ID |
ece065a3-98a6-4c7f-8be2-da06462e8af3 |
| Body |
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| Case Number |
Civil Appeal No. 722 of 2012 and Civil Appeal No. |
| Decision Date |
Feb 28, 2024 |
| Hearing Date |
Feb 22, 2024 |
| Decision |
The Supreme Court of Pakistan ruled that the arbitration award made in Singapore is a foreign arbitral award under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act of 2011. The court found that the 2011 Act applies retrospectively to arbitration agreements made before its enactment, and it confirmed that the award does not fall under the jurisdiction of the Arbitration Act of 1940. The decision emphasized the importance of minimal interference by courts in arbitration matters, supporting the notion of arbitration as a preferred method for resolving international commercial disputes. As a result, the court upheld the validity of the arbitration award, ensuring its enforceability in Pakistan. |
| Summary |
This case revolves around the enforcement of a foreign arbitral award issued in Singapore, involving TAISEI CORPORATION and A.M. CONSTRUCTION COMPANY (PVT.) LTD. The Supreme Court of Pakistan addressed key issues regarding the nature of the award and its classification as a foreign arbitral award under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act of 2011. The court's ruling highlighted the principles of minimal court interference in arbitration and reinforced the significance of arbitration as a viable alternative to traditional litigation for resolving cross-border disputes. The decision underscores the pro-enforcement bias of international arbitration frameworks, promoting confidence among businesses in the arbitration process. Keywords: foreign arbitral award, arbitration, international commercial disputes, recognition and enforcement, Supreme Court of Pakistan, legal framework. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
,
National Highway Authority of Pakistan
|
| Judges |
Syed Mansoor Ali Shah,
Athar Minallah,
Irfan Saadat Khan
|
| Lawyers |
Zahid F. Ebrahim,
Uzair Karamat Bhandari,
Tariq Aziz,
Sheikh Muhammad Ali,
Ali Uzair Bhandari,
Ch. Aamir ur Rehman,
Muhammad Hassan Ali,
Umer A. Ranjha
|
| Petitioners |
,
TAISEI CORPORATION
|
| Respondents |
,
A.M. CONSTRUCTION COMPANY (PVT.) LTD.
|
| Citations |
2024 SLD 2780,
2024 SCMR 640
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Arbitration Act (X of 1940),
Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)
|
| Sections |
1(3),
1(4),
2(b),
2(c),
2(e)
|