Atlas Power Ltd and others v National Transmission and Despatch Company Ltd

Conflict of laws – Arbitration. Notwithstanding that the relevant agreements to arbitrate were governed by the law of Pakistan, where the parties had chosen London as the seat of the arbitration concerning a dispute over sums allegedly owed, and where the arbitrator had confirmed that, the Commercial Court held that the claimant Pakistan-registered companies were entitled to a final anti-suit injunction to restrain the defendant national grid company, owned by the Government of Pakistan, from challenging a partial final award made in the London arbitration by way of proceedings in Pakistan or in any jurisdiction other than England and Wales. The court rejected the contention that the courts in Pakistan had concurrent supervisory jurisdiction.

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