Law: Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2011

Section: II,V(1)(a),V(1)(b),3,6

(a) Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Arts. II, V(1)(a) of Schedule---Terms “incapacity” and “parties to the agreement” ---Connotation---Term “incapacity” used in Art.V(1)(a) of Schedule to Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, has a reference to capacity of parties to enter into a contract in the first place---Words “parties to the agreement” referred to in Article II of Schedule to Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, are closely tied in with the words “under some incapacity”. (b) Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Art. V (1)(b) of Schedule--- Term “public policy”--- Effect---Recognition and enforcement of an arbitral award may be refused if competent authority in the country finds that the award would be contrary to the public policy of that country---Term “public policy” has been subject of interpretation of Courts all around the world and still remains an extremely fluid term not capable of definite meaning---Concept of public policy gained wide-ranging and polycentric traction and scope of its application became broader---Same principles have been used interchangeably for both foreign and domestic awards losing sight of the purpose and intent in enacting law for enforcement of foreign awards to which different set of principles narrower in scope, must by applied---Such is necessary to maintain integrity of international commercial contracts and trust in Pakistani Courts to enforce foreign awards---Trust may be shaken irretrievably if Courts of Pakistan are to evince an anti-enforcement policy by seeking shelter in nebulous concept of “public policy”. Renusaghar Power Company Ltd. v. General Electric Company 1994 SCC Supl. (1) 644 and Associated Builders v. Delhi Development Authority 2014 (4) ARBLR 307 (SC) distinguished. (c) Jurisprudence--- ----Justice and morality---Scope---Justice or morality do not signify any concept of precision---Morality may fluctuate from one community to another and from one…

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