Abdullah v. M/S CNAN Group SpA: Negative Declaration Preventing the Recognition and Enforcement of Foreign Arbitral Awards
Article from: TDM 2 (2015), in Arbitration in the Middle East: Expectations and Challenges for the Future
In Abdullah v. M/s CNAN Group SpA, Pakistan's Single Bench of the Sindh High Court ("the Court") ruled on the question of maintainability of an action for negative declaration under the New York Convention, 1958, when it is invoked to prevent enforcement of foreign arbitral award. The Court's decision was in response to a Civil Suit brought before it towards this end. Before concluding on its admissibility, the Court referred to case law from various jurisdictions and consulted treatises by leading authorities. Nevertheless, during its deliberations, the Court encountered competing views ...