Arbitral Digest

Matter

Dallah Real Estate and Tourism Holding Co v The Ministry of Religious Affairs, Government of Pakistan (High Court of Justice, Commercial Court, 2006-686)

Dallah Real Estate and Tourism Holding Co v The Ministry of Religious Affairs, Government of Pakistan

Case no.
2006-686
Seat
France
Applicable rules
ICC Rules of Arbitration
Substantive governing law
Saudi Arabian law for the merits of the Agreement · French law for the validity of the arbitration agreement
  1. 26 June 2001France

    26 June 2001France

    ICC First Partial Award dated 26 June 2001

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The tribunal held that the Ministry of Religious Affairs, Government of Pakistan, was bound by the arbitration agreement, that an agreement to arbitrate under the ICC Rules existed between Dallah and the Ministry, and that it had jurisdiction over Dallah's claims.

    Supporting details

    5 participants
    Dallah Real Estate and Tourism Holding Company
    The Ministry of Religious Affairs, Government of Pakistan
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Lord Mustill

    2 years, 6 months and 24 days later · 937 days

  2. 19 January 2004France

    19 January 2004France

    ICC Second Partial Award dated 19 January 2004

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The tribunal held that Saudi Arabian law applied to the merits, that the Ministry of Religious Affairs was a true party to the Agreement, that the Agreement was valid, and that the Ministry's 19 January 1997 letter was an unlawful repudiation entitling Dallah to compensation, with damages to be assessed in a further award.

    Supporting details

    5 participants
    Dallah Real Estate and Tourism Holding Company
    The Ministry of Religious Affairs, Government of Pakistan
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Lord Mustill

    2 years, 5 months and 4 days later · 886 days

  3. 23 June 2006France

    23 June 2006France

    ICC Final Award dated 23 June 2006

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The tribunal ordered the Government of Pakistan to pay Dallah US$18,907,603 in damages and US$1,680,437 in costs, tribunal fees and expenses, for a total of US$20,588,040.

    Supporting details

    5 participants
    Dallah Real Estate and Tourism Holding Company
    The Government of Pakistan
    International Court of Arbitration of the International Chamber of Commerce
    Arbitrator
    Lord Mustill

    2 years, 1 month and 9 days later · 770 days

  4. 1 August 2008United Kingdom

    1 August 2008United Kingdom

    Judgment of the High Court of Justice, Commercial Court in the case 2006-686 dated 1 August 2008

    High Court of Justice, Commercial Court

    Case no.
    2006-686
    Citation
    [2008] EWHC 1901 (Comm)
    Decision summary
    The court set aside the 9 October 2006 order giving Dallah leave to enforce the ICC Final Award as a judgment of the High Court. It held that the Government of Pakistan had proved under section 103(2)(b) of the Arbitration Act 1996 that it was not bound by the arbitration agreement under French law, and that no issue estoppel or other basis justified recognition and enforcement.

    Supporting details

    18 authorities · 12 participants
    Dallah Real Estate and Tourism Holding Company
    Representative
    Hilary Heilbron QC (For: Dallah Real Estate and Tourism Holding Company)
    Representative
    Klaus Reichert (For: Dallah Real Estate and Tourism Holding Company)
    Expert
    Yves Derains (For: Dallah Real Estate and Tourism Holding Company)
    Expert
    Abdul Hafeez Pirzada (For: Dallah Real Estate and Tourism Holding Company)
    The Ministry of Religious Affairs, Government of Pakistan
    Representative
    Toby Landau QC (For: The Ministry of Religious Affairs, Government of Pakistan)
    Representative
    Patrick Angénieux (For: The Ministry of Religious Affairs, Government of Pakistan)
    Expert
    Bernard Vatier (For: The Ministry of Religious Affairs, Government of Pakistan)
    Expert
    Mehmood Mandviwalla (For: The Ministry of Religious Affairs, Government of Pakistan)
    High Court of Justice, Commercial Court
    Other

    Authorities cited

    18
    • Arbitration Act 1996
      statute
    • State Immunity Act 1978
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention 1958)
      treaty
    • Svenska Petroleum Exploration AB v Government of the Republic of Lithuania and another (No 2)
      case-law
    • Dardana Ltd v Yukos Oil Co and Petroalliance Services Co Ltd ([2002] 2 Lloyd's Rep 326)
      case-law
    • Ajay Kanoria v Tony Francis Guinness ([2006] 1 Lloyd's Rep 701)
      case-law
    • Government of Pakistan v Shoaib Bilal Corporation
      case-law
    • LaClaire Pakistan Corporation v Islamic Republic of Pakistan
      case-law
    • Azim Khan v State Bank of Pakistan (PLD 1957 (WP) Karachi 892)
      case-law
    • Pakistan v Amin Agencies Ltd (PLD 1962 (WP) Karachi 467)
      case-law
    • Westfal-Larsen and Co A/S v Ikerigi Compania Naviera SA (The Messiniaki Bergen)
      case-law
    • Black Clawson International Ltd v Papierwerk Waldhof-Aschaffenburg AG ([1981] 2 Lloyd's Rep 446)
      case-law
    • Dallal v Bank Mellat ([1986] 1 QB 441)
      case-law
    • Azov Shipping Co v Baltic Shipping Co (No 1) ([1999] 1 Lloyd's Rep 68)
      case-law
    • Peterson Farms Inc v C&M Farming Ltd ([2004] 1 Lloyd's Rep 603)
      case-law
    • In re the Duke of Wellington ([1947] 1 Ch 506)
      case-law
    • DSV Silo- und Verwaltungs-gesellschaft MBH v Owners of the Sennar and 13 other ships (The Sennar) (No 2) ([1985] 1 WLR 490)
      case-law
    • Arnold v National Westminster Bank plc ([1991] 2 AC 93)
      case-law

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Dallah Real Estate and Tourism Holding Co v The Ministry of Religious Affairs, Government of Pakistan (High Court of Justice, Commercial Court, 2006-686) · Matter