PAKISTAN 10

High Court, Islamabad (Judicial Branch), 27 September 2023, C.S. No. 118 of 2016

(China Water & Electric Corporation (CWE) P.R. China v. National Highway Authority, ... Read more

High Court, Islamabad (Judicial Branch), 27 September 2023, C.S. No. 118 of 2016

(China Water & Electric Corporation (CWE) P.R. China v. National Highway Authority, Islamabad)

 

27 - 09 - 2023

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Pakistan
Original full text Full text decision PAKISTAN 10
Excerpt Excerpt decision PAKISTAN 10
Summary

The High Court granted recognition and enforcement of an interim award that ordered the respondent to give prompt effect to the decision of a dispute board to pay a certain sum, finding that the interim award resolved the issue in a final manner, and was not conditional on any occurrence to become binding.
Related topics
110

The court discusses the definition of “arbitral award”, and the application of the Convention to the various types of award, including awards on specific performance, awards enjoining a party from certain conduct, declaratory awards, etc. Also, whether preliminary, partial, interim, interlocutory awards, and awards by consent can be enforced under the Convention.

 Arbitral award: types
111

The court discusses the application of the Convention to awards rendered by permanent arbitral bodies (as opposed to ad hoc awards).

Permanent arbitral bodies (paragraph 2)
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

 Burden of proof on respondent
514 Ground e: Award not binding, suspended or set aside - "Binding"
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