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UNITED KINGDOM 135
● Court of Appeal (Civil Division), 24 July 2025, Case No: CA-2025-000131
(Star Hydro Power Limited v. National Transmission and Despatch Company Limited)
UNITED KINGDOM 135
The Court held that the defendant’s action to recognize and enforce in Pakistan the parts of an unfavourable LCIA award rendered in London – which, in the defendant’s opinion, showed that the sole arbitrator had lacked jurisdiction – was in fact “a full-throated challenge to the Award and its effect” and constituted therefore an impermissible attempt at circumventing the exclusive supervisory jurisdiction of the English courts, as the courts of the arbitration’s seat.
Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.