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

Section: 5, 6, 7

Law: Code Of Civil Procedure, 1908.

Section: 10

 Summary The Lahore High Court allowed an application under the Recognition and Enforcement (Arbitral Agreements and Foreign Arbitral Awards) Act, 2011, and recognized and enforced a foreign arbitral award rendered by the International Cotton Association Limited (ICAL), England. The dispute arose after Ghazi Fabrics failed to open Letters of Credit (L/Cs) under six international cotton sale contracts, resulting in breach of contract and arbitration proceedings. The respondent objected to enforcement on the grounds that there was no written arbitration agreement and that the award and supporting documents were defective. The Court rejected these objections, holding that the arbitration agreement was established through the sale contracts read with the exchange of emails, which satisfied Article II of the New York Convention. The Court further held that the respondent, despite having notice of the arbitration proceedings, failed to participate or challenge the award before the appellate forum under ICAL Rules. Since none of the grounds under Article V of the Convention were proved, the foreign arbitral award was recognized and enforced as a judgment and decree of the High Court, with the application converted into execution proceedings. Tagline A foreign arbitral award must be recognized and enforced where the arbitration agreement is evidenced through contractual documents and exchange of correspondence, and the objecting party fails to establish any ground for refusal under Article V of the New York Convention. ORDER; KHALID ISHAQ, J. This is a petition under Section 6 of the Recognition and Enforcement (Arbitral Agreement and Foreign Arbitral Award) Act, 2011 (“Act, 2011”). Pursuant to Section 5 of the Act, 2011, read with Article 4 of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the “Convention”), the applicant – M/s. ECOM Agro-industrial Corp. Ltd. (“ECOM”) has placed on record a certified copy of the Award dated 11.10.2024 (the “Award”) as well as a certified copies of the following Contracts culminated between the ECOM and Respondent/Ghazi…

Login required to view the attachment.