Sabah Shipyard (Pakistan) Ltd v Islamic Republic Of Pakistan & Anor [2002] EWCA Civ 650 (24 April 2002)

Sabah Shipyard (Pakistan) Ltd v Islamic Republic Of Pakistan & Anor [2002] EWCA Civ 650 (24 April 2002)

The Court of Appeal held that the ROP had a real prospect of success on appeal regarding whether the Pakistani injunction was in force and whether the proceedings in Pakistan were vexatious and oppressive. The court determined that these issues warranted full consideration on appeal and that a stay of the English proceedings should be granted pending the outcome of the appeal.

Citation
[2002] EWCA Civ 650
Parties
Claimant/respondent: Sabah Shipyard (Pakistan) Limited; Defendant/applicant: The Islamic Republic of Pakistan; Defendant/applicant: The Karachi Electric Supply Corporation Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2002
Procedural Posture
Appeal From Commercial Court (queen's Bench Division) / Application for Permission to Appeal and Stay Pending Appeal
Outcome
Permission to appeal granted; stay of proceedings ordered pending appeal; costs reserved.
Legal Topics
Anti Suit Injunctions, Jurisdiction Clauses, Sovereign Immunity, Comity, Summary Judgment, Enforcement of Arbitral Awards
Commercial Law Conflict of Laws Arbitration State Immunity Anti Suit Injunctions Jurisdiction Clauses Sovereign Immunity Comity +2 more

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Parties

Sabah Shipyard (Pakistan) Limited

Claimant/respondent

The Islamic Republic of Pakistan

Defendant/applicant

The Karachi Electric Supply Corporation Limited

Defendant/applicant

Procedural Posture

Appeal From Commercial Court (queen's Bench Division) / Application for Permission to Appeal and Stay Pending Appeal

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining proceedings in Pakistan
  2. 2 Whether the proceedings in Pakistan are vexatious and oppressive
  3. 3 Whether the English court has jurisdiction to grant an injunction against a foreign state in light of the State Immunity Act 1978

Ratio Decidendi

The Court of Appeal held that the ROP had a real prospect of success on appeal regarding whether the Pakistani injunction was in force and whether the proceedings in Pakistan were vexatious and oppressive. The court determined that these issues warranted full consideration on appeal and that a stay of the English proceedings should be granted pending the outcome of the appeal.

Court Disposition

Permission to appeal granted; stay of proceedings ordered pending appeal; costs reserved.

Orders

  • Permission to appeal granted to the ROP on the identified issues.
  • Stay of the English proceedings pending the hearing of the appeal.