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

Declares that he has jurisdiction to hear [SHPL’s] claims;

Declares that [SHPL’s] claims are admissible;

Declares that the correct application of Schedule 1 of the PPA results in a final Project Cost of 378,312,000 USD and a COD Tariff of 10.3632 PKR/kWh;

Orders [NTDCL] to pay [SHPL] the difference between what it has actually paid since 8 November 2017 and what it would have paid from that date had the tariff been set at 10.3632 PKR/kWh, less what it has actually paid, this difference to be calculated as at the date of payment;

Orders [NTDCL] to pay simple interest at the legal judgment rate on the amount set out at subsection (d) above, accruing from the 1 July 2024 up until the date payment is made;

Orders [NTDCL] to pay [SHPL] interest in respect of the invoices actually issued which are late or outstanding, at the Delayed Payment Rate set out in the PPA;

Orders [NTDCL] to pay [SHPL] the sum of 247,688.49 GBP in respect of the arbitration costs, plus simple interest at the legal judgment rate accruing from 1 July 2024 until the date payment is made;

Orders [NTDCL] to pay [SHPL] the sum of 2,172,768.28 PKR and 1,867,251.5 USD in respect of [SHPL’s] legal fees, plus simple interest at the legal judgment rate, accruing from 1 July 2024 until the date of payment; and