Case Details

Citation(s)
2012 SLG 2219 2012 SLD 2219 2012 CLD 640
Supreme Court of Pakistan
Civil Petition No. 796 of 2007 and C.M.As Nos. 4560 and 4561 of 2009 and C.M.A. No. 116 of 2011,
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
Raza Kazim, Senior Advocate Supreme Court and Mahmood A. Sheikh, Advocate-on-Record for Petitioners (in C.P. 796 of 2007). Tariq Asad, Advocate Supreme Court for Petitioner in person (in Constitutional Petition No. 68 of 2010). Barrister Zafarullah Khan

Maulana ABDUL HAQ BALOCH and others

VS

GOVERNMENT OF BALOCHISTAN and others

Law:

Section:

International Arbitration-------Public Interest Litigation---Dispute over legality and validity of joint venture agreements between Provincial Government and transnational corporations/ international companies---Arbitration over such dispute---Application to stay arbitration proceedings at International Council for Commercial Arbitration (ICCA) and International Centre for Settlement of Investment Disputes (ICSID)---Appointment of arbitrator by Provincial Government---Petitioner had moved an application to direct the respondents not to take further steps in the arbitration of the matter and also withdraw request for arbitration at the International Council for Commercial Arbitration (ICCA) and International Centre for Settlement of Investment Disputes (ICSID), till the Supreme Court decided upon the legality and validity of the joint venture agreements---Validity---Provincial and Federal Government were directed by Supreme Court to make a request to the International Council for Commercial Arbitration (ICCA) and International Centre for Settlement of Investment Disputes (ICSID), not to take any further steps in the arbitration proceedings and extend the period for nomination of arbitrator, so that Supreme Court could finally dispose of the petitions filed before it on the same subject and matter. ORDER This matter was taken up on 2-2-2012, when an application was moved on behalf of petitioner by Mr. Raza Kazim, Senior Advocate Supreme Court, inter alia, with the prayer to initiate proceedings of contempt of Court against the respondents for the reasons mentioned in the application and in the meantime direct them not to take further steps in arbitration and instead withdraw the request of arbitration at the ICCA and ICSID, till this Court decides the matter on the legalities and validity of the joint venture agreements. 2. Mr. Khalid Anwar, Senior Advocate Supreme Court states that 'TCCA' is an independent body corporate, having no concern with instant proceedings. 3. Learned Advocate General Balochistan controvert this fact and made reference to alliance agreement between the BHP Minerals International Exploration Inc. and TCCA dated 3-4-2002, to substantiate…
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