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- Title
CWE V. NHA: TRANSNATIONALISATION OF PAKISTAN'S ARBITRATION JURISPRUDENCE.
- Authors
Ullah, Ikram
- Abstract
The case of CWE v. NHA is significant not just for enforcing a high-value foreign arbitral award but also for the Islamabad High Court's noteworthy contributions to developing and applying Pakistan's jurisprudence on international arbitration. This case encapsulates a wide range of arbitration principles within a single judgment, including concepts such as separability, governing laws, the interaction between arbitral and judicial powers, clarification on the jurisdictional conflict between civil courts and high courts, consideration of arbitrator's bias, pro-arbitration and pro-enforcement bias, and differentiation between the Arbitration Act 1940 and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011. Such a comprehensive treatment of arbitration principles in one judgment is quite exceptional.
- Subjects
JURISPRUDENCE; JUDICIAL power; ARBITRATION &; award; ARBITRATORS; COURTS
- Publication
Contemporary Asia Arbitration Journal, 2024, Vol 17, Issue 1, p127
- ISSN
1999-9747
- Publication type
Article