466/2023 Suit CYNERGYICO PK LIMITED (Plaintiff) V/S TRAFIGURA PTE LIMITED (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 18-DEC-23
Plaintiff (Award-Debtor) filed suit against Defendant (Award-Creditor) for declaration and mandatory injunction. pleading grounds of public policy under Article V(2) of the New York Convention read with Sections 6 and 7 of the REA, 2011. The pro-enforcement bias of the NY Convention discussed in the CNAN Group SpA case reported in PLD 2014 Sindh 349 in respect of Article V(1) is equally applicable to the Foreign Arbitral Award under challenge in this lis by Plaintiff. There has to be an action initiated by the Award-Creditor, first, in whose favor the Award has been made before the Award-Debtor raises a challenge in the domestic court. The suit is dismissed as not maintainable under Article V (2) of the New York Convention. Office is directed to draw up a decree in terms of the Judgment.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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