Case Details

Citation(s)
2026 SLG 1829 2026 SLD 1829 = 2026 CLD 336
Sindh High Court
Judicial Miscellaneous Application No. 21 of 2025 in Suit No. 1061 of 2024, decided on 12th September, 2025.
Presented By: Before Muhammad Junaid Ghaffar, CJ
Abdallah Azzaam Naqvi and Waqar Ahmed for Applicant. Abdul Ahad Nadeem Ammar Suria for
Respondent.

NUNCHI MARINE PTE LTD.---Petitioner

VERSUS

CNERGYICO PK LIMITED (formerly Byco Petroleum)---Respondent

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

Section: XVII,6,7

Law: Constitution of Pakistan, 1973

Section: 10A

Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011)--- ----Ss.6 & 7---Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York Convention), Art. V---Constitution of Pakistan, Art.10A--Recognition and Enforcement of Foreign Arbitral Award---Audi alteram partem, principle of---Applicability---Applicant sought enforcement of Foreign Arbitral Award passed against respondent company---Plea raised by respondent company was that it was not provided proper opportunity of contesting the arbitration proceedings---Validity---Scope of legal maxim audi alteram partem read with Article 10A of the Constitution requires that everyone is entitled to a fair trial and due process, which includes basic right to be heard---Even in the objections nothing had been said as to the merits of the case and default committed by respondentCompany in paying outstanding amount---All steps were taken by respondent company to delay the proceedings before Tribunal, as it had no case on merits--High Court recognized the foreign award as binding and enforceable---Applicant was granted judgment in the amount mentioned in foreign award in question, which shall be executed as a decree of this Court---High Court directed the office to prepare a decree and converted the proceedings into execution proceedings under O.XXI, C.P.C.---Award was enforced accordingly. Taisei Corporation (Pvt.) Ltd. v. A.M. Construction Company (Pvt.) Ltd. and another 2024 SCMR 640; Abdullah v. Messrs CNAN Group SPA through Chief Executive/ Managing Director and another PLD 2014 Sindh 349; Orient Power Company (Private) Limited v. Sui Southern Gas Pipelines Limited 2021 SCMR 1728; POSCO International Corporation v. RIKANS International and 4 others 2023 CLD 189; Messrs TRADHOL International SA Sociedad Unipersonal v. Messrs Shakarganj Limited PLD 2023 Lah. 621; Federal Government Employees Housing Authority through Director General, Islamabad v. Ednan Syed and others PLD 2025 SC 11; Federal Government Employees Housing Authority v. Ednan Syed PLD 2025 SC 11 and Parsons and Whittermore Overseas Inc v. RAKTA 508 F.2d 969 (1974) ref. Dates of…
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