Star Hydro Power Ltd v National Transmission and Despatch Company Ltd [2025] EWCA Civ 928 (24 July 2025)

Star Hydro Power Ltd v National Transmission and Despatch Company Ltd [2025] EWCA Civ 928 (24 July 2025)

NTDCL's Lahore proceedings constitute a pre-emptive challenge to the London-seated arbitral award, brought in breach of the arbitration agreement and the exclusive supervisory jurisdiction of the English courts. The New York Convention does not permit such pre-emptive challenges; it only provides defences to enforcement. The English court is entitled and bound to restrain such proceedings by anti-suit injunction.

Citation
[2025] EWCA Civ 928
Parties
Claimant/appellant: Star Hydro Power Limited; Defendant/respondent: National Transmission and Despatch Company Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; anti-suit injunction granted.
Legal Topics
Anti Suit Injunctions, Supervisory Jurisdiction of Arbitral Seat, Recognition and Enforcement of Arbitral Awards, New York Convention, Partial Enforcement of Awards
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Supervisory Jurisdiction of Arbitral Seat Recognition and Enforcement of Arbitral Awards New York Convention Partial Enforcement of Awards

Case Brief

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Parties

Star Hydro Power Limited

Claimant/appellant

National Transmission and Despatch Company Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the respondent may be injuncted from continuing proceedings in Pakistan challenging a London-seated arbitral award
  2. 2 Whether the New York Convention permits pre-emptive challenges to arbitral awards in secondary jurisdictions
  3. 3 Whether the Lahore proceedings constitute a breach of the arbitration agreement and the exclusive supervisory jurisdiction of the English courts

Ratio Decidendi

NTDCL's Lahore proceedings constitute a pre-emptive challenge to the London-seated arbitral award, brought in breach of the arbitration agreement and the exclusive supervisory jurisdiction of the English courts. The New York Convention does not permit such pre-emptive challenges; it only provides defences to enforcement. The English court is entitled and bound to restrain such proceedings by anti-suit injunction.

Court Disposition

Appeal allowed; anti-suit injunction granted.

Orders

  • NTDCL restrained by anti-suit injunction from continuing Lahore proceedings challenging the award.