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PAKISTAN 16 August 2018 Dhanya
High Court, Sindh, 16 August 2018, Suit No. 1694 of 2016
(Dhanya Agro-Industrial (Pvt.) Limited v. Quetta Textile ... Read more
High Court, Sindh, 16 August 2018, Suit No. 1694 of 2016
(Dhanya Agro-Industrial (Pvt.) Limited v. Quetta Textile Mills Ltd.)
PAKISTAN 16 August 2018 Dhanya
The High Court granted recognition and enforcement of an award of the International Cotton Association, London. It noted that the applicant had provided a duly certified copy of the award, and that the defendant, despite service by all three indicated means, had not appeared and had therefore failed to raise any defence. The Court pointed out that the purpose of the 2011 Act implementing the New York Convention in Pakistan is to provide an expeditious mechanism for the recognition and enforcement of arbitral agreements and foreign arbitral awards pursuant to the Convention – which applied in the present case as both parties were domiciled in Convention countries.
The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.
The court discusses the overall scheme and/or pro-enforcement bias of the Convention.