Dallah v Pakistan

05 Nov 2010

On 3 November 2010 the Supreme Court handed down judgement in Dallah Real Estate & Tourism Holding Company (Appellant) v The Ministry of Religious Affairs, Pakistan (Respondent) [2010] UKSC 46.

The case provides key guidance as to the correct construction and application of s.103(2)(b) of the Arbitration Act 1996 (and thereby Article V(1)(a) of the New York Convention) in relation to both interim and final awards in international arbitration. Futher, the Judgement clarifies the interrelationship of jurisdiction of the English Courts and that of an Arbitral Tribunal (and contextualises the principle of 'Kompetenz-Kompetenz'). For international Arbitration practitioners, the Judgement also provides a very useful reminder of options open to a party seeking to contest the jurisdiction of a tribunal.


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