LAKHRA POWER GENERATION COMPANY LIMITED (LPGCL) versus KARADENIZ POWERSHIP KAYA BEY
Section 4 Convention for the Identification and Implementation of the Foreign Arbitration Award 1958 (New York Convention) Convention on Investment Disputes between Citizens of States and Other States Convention of 1965 International Center for Investment Disputes Resolution Investor of the Arbitration Agreement Unable to Conduct the State Arbitration Agreement (Act, 2011) Defendant's position was that in light of the arbitration agreement between the parties, the trial proceedings were recognized and enforced. And the Foreign Arbitration Awards), section 4 of the Act, 2011 The agreement, in the present case, was unable to perform because the defendant had already initiated proceedings on the ICSID, and thus created a situation where the parties were not involved. It would not be possible or impossible to be bound by the Arbitration Clause, therefore, it was not capable of presenting an Arbitration Agreement, so it could not be withheld under Section 4 of the Approval and Enforcement (Arbitration Agreement and Foreign Arbitration Awards) Act, 2011 Is. However, it seems there is nothing in the New York Convention to suggest that being unable to carry out an arbitration agreement should be of permanent or undesirable nature and could be temporary or curable, the High Court observed. That if the reason or situation was unable to carry out the arbitration agreement when the application for the establishment of proceedings under section 4 came before the court for hearing, then such request should be dismissed. If the situation changes and it ceases to exist (e.g.,
Related judgments — Karachi High Court Sindh, 2014
