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

Lord Justice Phillips:

The issue on this appeal was whether the respondent (“NTDCL”) should be injuncted from continuing proceedings in Lahore, Pakistan in which NTDCL seeks various relief in respect of a final award issued on 7 May 2024 (“the Award”) in London-seated arbitration proceedings between NTDCL and the appellant (“SHPL”).

On 29 November 2024 Dias J (“the Judge”) dismissed SHPL’s application for an interim anti-suit injunction to restrain NTDCL pursuing the Lahore proceedings. The Judge held that, although England and Wales was the supervisory jurisdiction in relation to the arbitration between NTDCL and SHPL and the Award, NTDCL was entitled to apply in Pakistan under the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention” or “the Convention”) for the partial recognition and enforcement of the Award and/or pre-emptively to assert that parts of the Award were not recognisable or enforceable in that jurisdiction.

The Judge granted SHPL permission to appeal on the question of whether an application may be made under the New York Convention pre-emptively. Males LJ granted further permission for SHPL to contend that, properly characterised, the Lahore proceedings were brought by NTDCL in breach of the arbitration agreement between NTDCL and SHPL and were an attempt to undermine the arbitration Award.

At the conclusion of the hearing we allowed the appeal and granted an anti-suit injunction largely on the terms sought by SHPL, with judgments to follow. These are my reasons for concurring in that decision.