CA-2025-000131 - [2025] EWCA Civ 928

Conclusion

NTDCL’s challenge to the Award in Lahore is, on a proper analysis, the same type of challenge to an LCIA award as was injuncted in Atlas. In that case NTDCL attempted to avoid the supervisory jurisdiction of the English court by arguing that the courts of Pakistan had concurrent supervisory jurisdiction. That argument having failed, as being contrary to the reasoning in C v D, NTDCL has sought in this case to justify the same impermissible conduct by purporting to frame its claim to invalidate the Award in Lahore as being permissible under the New York Convention. However, C v D is again an insuperable obstacle to mounting a challenge to a London-seated award in Pakistan, and the argument that the application is for recognition and enforcement of the Award is transparently false.

Lady Justice Andrews:

I agree

Lord Justice Peter Jackson:

I also agree.