Star Hydro Power Limited v National Transmission and Despatch Company Limited

Star Hydro Power Limited v National Transmission and Despatch Company Limited

NTDCL's Lahore proceedings, although framed as seeking partial recognition and enforcement under the New York Convention, were in substance a pre-emptive challenge to the validity and effect of a London-seated arbitral award. Such a challenge is in breach of the arbitration agreement and the exclusive supervisory jurisdiction of the English court, and is not permitted under the New York Convention, which only allows defences to recognition/enforcement applications. The English court is entitled and bound to restrain such proceedings by anti-suit injunction.

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
Civil Appeal / Appeal From High Court Judgment on Anti Suit Injunction
Outcome
Appeal allowed; anti-suit injunction granted
Legal Topics
Anti Suit Injunctions, Supervisory Jurisdiction of Arbitral Seat, Recognition and Enforcement of Foreign Arbitral Awards, New York Convention, Partial Enforcement of Arbitral Awards
Arbitration Commercial Law Conflict of Laws Anti Suit Injunctions Supervisory Jurisdiction of Arbitral Seat Recognition and Enforcement of Foreign Arbitral Awards New York Convention Partial Enforcement of Arbitral Awards

Case Brief

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Parties

Star Hydro Power Limited

Claimant/appellant

National Transmission and Despatch Company Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Anti Suit Injunction

Legal Issues

  1. 1 Whether the respondent (NTDCL) should be injuncted from continuing proceedings in Lahore, Pakistan challenging a London-seated arbitral award under the guise of the New York Convention
  2. 2 Whether the New York Convention permits pre-emptive challenges to arbitral awards in a secondary jurisdiction
  3. 3 Whether the Lahore proceedings constitute a breach of the arbitration agreement and the exclusive supervisory jurisdiction of the English court

Ratio Decidendi

NTDCL's Lahore proceedings, although framed as seeking partial recognition and enforcement under the New York Convention, were in substance a pre-emptive challenge to the validity and effect of a London-seated arbitral award. Such a challenge is in breach of the arbitration agreement and the exclusive supervisory jurisdiction of the English court, and is not permitted under the New York Convention, which only allows defences to recognition/enforcement applications. 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 is restrained by anti-suit injunction from continuing the Lahore proceedings challenging the arbitral award.