Matter

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

Dallah v Pakistan

Aliases: Dallah v Pakistan · Dallah Real Estate v Pakistan

Case no.: ICC Case No. 9987
Seat: France
Applicable rules: ICC Rules of Arbitration 1998
Substantive governing law: French law for formation and existence of the arbitration agreement · Saudi Arabian law for the merits
Commencement year: 1998

21 February 1998Pakistan
21 February 1998Pakistan
Dismissal order of the Court of the Senior Civil Judge, Islamabad, dated 21 February 1998
Court of the Senior Civil Judge, Islamabad
Decision summary
The court dismissed the Trust's suit for a declaration and injunction because the Trust had ceased to be a legal person after the Trust Ordinance lapsed.
Supporting details
2 authorities
Court of the Senior Civil Judge, Islamabad
Authorities cited
2
- Pakistan Trust Ordinance VII/LXXXI of 31 January 1996, Lapse and legal-person status
  statute
- Constitution of Pakistan, Article 89
  statute
6 months and 28 days later · 209 days
18 September 1998Pakistan
18 September 1998Pakistan
Order of the Civil Judge First Class, Islamabad, dated 18 September 1998
Civil Judge First Class, Islamabad
Decision summary
The court dismissed Dallah's application to stay the Government's civil suit under sections 34 and 35 of the Pakistan Arbitration Act 1940.
Supporting details
2 authorities
Civil Judge First Class, Islamabad
Authorities cited
2
- Arbitration Act 1940 (Pakistan), Sections 34 and 35
  statute
- Agreement between Dallah and Awami Hajj Trust (Agreement between Dallah Real Estate and Tourism Holding Company and Awami Hajj Trust, 10 September 1996, Clause 23)
  contract
3 months and 27 days later · 118 days
14 January 1999Pakistan
14 January 1999Pakistan
Withdrawal and disposal order of the District Judge, Islamabad, dated 14 January 1999
District Judge, Islamabad
Decision summary
The court permitted the Government to withdraw its civil suit and disposed of the resulting appeal as infructuous.
Supporting details
1 authority
District Judge, Islamabad
Authorities cited
1
- Arbitration Act 1940 (Pakistan), Sections 34 and 35
  statute
5 months and 5 days later · 156 days
19 June 1999Pakistan
19 June 1999Pakistan
Judgment of the Civil Judge First Class, Islamabad, dated 19 June 1999
Civil Judge First Class, Islamabad
Decision summary
The court dismissed all applications in the Government's section 33 proceedings under the Pakistan Arbitration Act 1940.
Supporting details
1 authority
Civil Judge First Class, Islamabad
Authorities cited
1
- Arbitration Act 1940 (Pakistan), Section 33
  statute
1 year, 4 months and 6 days later · 494 days
25 October 2000Pakistan
25 October 2000Pakistan
Revision dismissal judgment of the District Judge, Islamabad, dated 25 October 2000
District Judge, Islamabad
Decision summary
The court dismissed the revision from the Civil Judge's 19 June 1999 judgment.
Supporting details
1 authority
District Judge, Islamabad
Authorities cited
1
- Arbitration Act 1940 (Pakistan), Section 33
  statute
8 months and 1 day later · 244 days
26 June 2001France
26 June 2001France
First Partial Award on Jurisdiction in ICC Case No. 9987
International Chamber of Commerce
Award no.
ICC Case No. 9987
Decision summary
The tribunal held that the Government of Pakistan was a true party to the agreement and that it had jurisdiction over the claims.
Supporting details
2 authorities
International Chamber of Commerce
Authorities cited
2
- ICC Rules of Arbitration 1998, Article 6(2)
  rules
- Agreement between Dallah and Awami Hajj Trust (Agreement between Dallah Real Estate and Tourism Holding Company and Awami Hajj Trust, 10 September 1996, Clause 23)
  contract
2 years, 6 months and 24 days later · 937 days
19 January 2004France
19 January 2004France
Second Partial Award on Liability in ICC Case No. 9987
International Chamber of Commerce
Award no.
ICC Case No. 9987
Decision summary
The tribunal applied Saudi Arabian law to the merits, held that the Government was the contracting party, and found liability arising from the Government's repudiation.
Supporting details
2 authorities
International Chamber of Commerce
Authorities cited
2
- ICC Rules of Arbitration 1998, Article 6(2)
  rules
- Agreement between Dallah and Awami Hajj Trust (Agreement between Dallah Real Estate and Tourism Holding Company and Awami Hajj Trust, 10 September 1996, Clause 23)
  contract
2 years, 5 months and 4 days later · 886 days
23 June 2006France
23 June 2006France
Final Award in ICC Case No. 9987
International Chamber of Commerce
Award no.
ICC Case No. 9987
Decision summary
The tribunal awarded US$18,907,603 in damages and US$1,680,437 in arbitration costs, a total of US$20,588,040, against the Government.
Supporting details
2 authorities
International Chamber of Commerce
Authorities cited
2
- ICC Rules of Arbitration 1998, Arbitration and costs framework
  rules
- Agreement between Dallah and Awami Hajj Trust (Agreement between Dallah Real Estate and Tourism Holding Company and Awami Hajj Trust, 10 September 1996, Clause 23)
  contract
19 days later · 19 days
12 July 2006United Kingdom
12 July 2006United Kingdom
Order of the High Court of Justice, Commercial Court, dated 12 July 2006
High Court of Justice, Commercial Court
Decision summary
The court granted Dallah leave, on an ex parte basis, to enforce the ICC final award in England. The order was later replaced by the order of Christopher Clarke J.
Supporting details
2 authorities
High Court of Justice, Commercial Court
Authorities cited
2
- Arbitration Act 1996 (United Kingdom), Sections 100-103
  statute
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Articles III-V)
  convention
5 days later · 5 days
17 July 2006Pakistan
17 July 2006Pakistan
Leave order of the Supreme Court of Pakistan dated 17 July 2006
Supreme Court of Pakistan
Decision summary
The court granted leave to appeal from the Lahore High Court revision judgment. The later English judgments record the appeal as unresolved in the sources reviewed.
Supporting details
2 authorities
Supreme Court of Pakistan
Authorities cited
2
- Arbitration Act 1940 (Pakistan), Section 33
  statute
- Constitution of Pakistan, Article 89
  statute
2 months and 22 days later · 84 days
9 October 2006United Kingdom
9 October 2006United Kingdom
Order of the High Court of Justice, Commercial Court, dated 9 October 2006
High Court of Justice, Commercial Court
Decision summary
The court granted leave to enforce the ICC final award and allowed two months and 23 days for an application to set the order aside.
Supporting details
3 authorities
High Court of Justice, Commercial Court
Authorities cited
3
- Arbitration Act 1996 (United Kingdom), Sections 100-103
  statute
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Article V(1)(a))
  convention
- State Immunity Act 1978 (United Kingdom), Sections 1, 9(1) and 12(2)
  statute
4 months and 14 days later · 137 days
23 February 2007United Kingdom
23 February 2007United Kingdom
Consent order of the High Court of Justice, Commercial Court, dated 23 February 2007
High Court of Justice, Commercial Court
Decision summary
The court extended to 23 March 2007 the time for the Government to apply to set aside the English enforcement order.
Supporting details
1 authority
High Court of Justice, Commercial Court
Authorities cited
1
- Arbitration Act 1996 (United Kingdom), Sections 101-103
  statute
1 year, 5 months and 9 days later · 525 days
1 August 2008United Kingdom
1 August 2008United Kingdom
Judgment of the High Court of Justice, Commercial Court, in [2008] EWHC 1901 (Comm)
High Court of Justice, Commercial Court
Citation
[2008] EWHC 1901 (Comm)
Decision summary
The court set aside the English enforcement order and refused enforcement under section 103(2)(b) of the Arbitration Act 1996 because the Government was not a party to the arbitration agreement under French law.
Supporting details
14 authorities
High Court of Justice, Commercial Court
Authorities cited
14
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Articles II-V)
  convention
- Arbitration Act 1996 (United Kingdom), Sections 6, 9, 30, 32, 46, 67 and 99-104
  statute
- State Immunity Act 1978 (United Kingdom), Sections 1, 9(1) and 12(2)
  statute
- Arbitration Act 1940 (Pakistan), Sections 33-35
  statute
- Arbitration (Protocol and Convention) Act 1937 (United Kingdom), Section 3
  statute
- Dardana Ltd v Yukos Oil Co ([2002] EWCA Civ 543; [2002] 2 Lloyd's Rep 326, Recognition and enforcement framework)
  case
- Black Clawson International Ltd v Papierwerk Waldhof-Aschaffenburg AG ([1981] 2 Lloyd's Rep 446, Foreign-law and enforcement principles)
  case
- Dallal v Bank Mellat ([1986] 1 QB 441, Foreign-law proof)
  case
- DSV Silo-und Verwaltungsgesellschaft MBH v Owners of Sennar (No 2) ([1985] 1 WLR 490, Issue and jurisdiction principles)
  case
- Azov Shipping Co v Baltic Shipping Co ([1999] 1 Lloyd's Rep 68, Enforcement of arbitration awards)
  case
- Peterson Farms Inc v C&M Farming Ltd ([2004] EWHC 121 (Comm); [2004] 1 Lloyd's Rep 603, Arbitration agreement and excess of jurisdiction)
  case
- In re Duke of Wellington ([1947] 1 Ch 506, Foreign-law evidence)
  case
- Arnold v National Westminster Bank plc ([1991] 2 AC 93, Issue identity)
  case
- Kanoria v Guinness ([2006] EWCA Civ 122; [2006] 1 Lloyd's Rep 701, Convention enforcement)
  case
11 months and 19 days later · 353 days
20 July 2009United Kingdom
20 July 2009United Kingdom
Judgment of the Court of Appeal (Civil Division) in [2009] EWCA Civ 755
Court of Appeal (Civil Division)
Case no.
2008/2613
Citation
[2009] EWCA Civ 755
Decision summary
The court dismissed Dallah's appeal and held that the enforcing court could determine independently whether the Government had agreed to the arbitration. The defect in consent did not justify discretionary enforcement.
Supporting details
10 authorities
Court of Appeal (Civil Division)
Authorities cited
10
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Articles V(1)(e) and VI)
  convention
- Arbitration Act 1996 (United Kingdom), Sections 100-103
  statute
- Paklito Investment Ltd v Klockner East Asia Ltd ([1993] 2 HKLR 39, Discretion under the Convention)
  case
- China Agribusiness Development Corporation v Balli Trading ([1998] 2 Lloyd's Rep 76, Discretion to enforce)
  case
- Dardana Ltd v Yukos Oil Co ([2002] EWCA Civ 543; [2002] 2 Lloyd's Rep 326, Convention enforcement)
  case
- IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation ([2005] EWHC 726 (Comm); [2005] 2 Lloyd's Rep 326, Adjournment and enforcement)
  case
- Svenska Petroleum Exploration AB v Government of the Republic of Lithuania ([2006] EWCA Civ 1529; [2007] QB 886, Recognition and enforcement)
  case
- Kanoria v Guinness ([2006] EWCA Civ 122; [2006] 1 Lloyd's Rep 701, Convention discretion)
  case
- Gulf Azov Shipping Co Ltd v Baltic Shipping Co ([1999] 1 Lloyd's Rep 68, Enforcement discretion)
  case
- Peterson Farms Inc v C&M Farming Ltd ([2004] EWHC 121 (Comm); [2004] 1 Lloyd's Rep 603, Arbitration agreement)
  case
BAILII public transcript
1 month and 4 days later · 35 days
24 August 2009France
24 August 2009France
Exequatur order of the Paris Tribunal of First Instance dated 24 August 2009
Paris Tribunal of First Instance, delegated President
Decision summary
The court granted exequatur for the ICC final award of 23 June 2006.
Supporting details
2 authorities
Paris Tribunal of First Instance, delegated President
Authorities cited
2
- French Code of Civil Procedure, Article 1502(1)
  statute
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Articles III-V)
  convention
1 year, 2 months and 10 days later · 436 days
3 November 2010United Kingdom
3 November 2010United Kingdom
Judgment of the Supreme Court of the United Kingdom in [2010] UKSC 46
Supreme Court of the United Kingdom
Case no.
UKSC/2009/0165
Citation
[2010] UKSC 46
Decision summary
The Supreme Court unanimously dismissed the appeal. Applying French law and the common-intention test, it held that the Government had not become a party to the agreement or arbitration clause, so enforcement of the ICC awards was refused in England.
Supporting details
40 authorities
Supreme Court of the United Kingdom
Authorities cited
40
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 10 June 1958, Articles II, III, IV, V(1)(a), V(1)(e), V(2)(b), VI and VII(1))
  convention
- Arbitration Act 1996 (United Kingdom), Sections 30, 32, 46, 67 and 100-103
  statute
- French Code of Civil Procedure, Articles 1502 and 1504
  statute
- Geneva Convention on the Execution of Foreign Arbitral Awards, 26 September 1927, Convention framework
  convention
- Municipalite de Khoms El Mergeb v Societe Dalico (French Court of Cassation, 20 December 1993; [1994] 1 Rev Arb 116, Common-intention and non-signatory principles)
  case
- Societe Isover-Saint-Gobain v Societe Dow Chemical ([1984] 1 Rev Arb 98, Non-signatory participation)
  case
- Orri v Societe des Lubrifiants Elf Aquitaine ([1991] Rev Arb 95; French Court of Cassation, 11 June 1991, [1992] Rev Arb 73, Third-party consent)
  case
- Menicucci v Mahieux ([1976] Rev Crit 507, Consent by conduct)
  case
- Coumet et Ducler v Polar-Rakennusosakeyhtio ([1990] Rev Arb 675, Participation and arbitration agreement)
  case
- Republique arabe d'Egypte v Southern Pacific Properties Ltd (Paris Court of Appeal, 12 July 1984, [1986] Ju Fr 75; French Court of Cassation, 6 January 1987, [1987] Ju Fr 469, Arbitration agreement and third-party involvement)
  case
- SA Coppee Lavalin NV v Ken-Ren Chemicals and Fertilizers Ltd ([1995] 1 AC 38, Arbitration agreement consent)
  case
- Societe PT Putrabali Adyamulia v Societe Rena Holding (French Court of Cassation, 29 June 2007; 32 Yb Comm Arb 299, International arbitration and award status)
  case
- Sarhank Group v Oracle Corporation (404 F.3d 657 (2d Cir. 2005), Non-signatory enforcement)
  case
- China Minmetals Materials Import and Export Co Ltd v Chi Mei Corporation (334 F.3d 274 (3d Cir. 2003), Existence of an arbitration agreement)
  case
- Baker Marine (Nigeria) Ltd v Chevron (Nigeria) Ltd (191 F.3d 194 (2d Cir. 1999), Set-aside and enforcement)
  case
- TermoRio SA ESP v Electranta SP (487 F.3d 928 (D.C. Cir. 2007), Annulment and enforcement)
  case
- Chromalloy Aeroservices v Arab Republic of Egypt (939 F. Supp. 907 (D.D.C. 1996), Annulment and enforcement)
  case
- Karaha Bodas Co v Perusahaan Pertambangan Minyak Dan Gas Bumi Negara (335 F.3d 357 (5th Cir. 2003), Foreign award enforcement)
  case
- Kanoria v Guinness ([2006] EWCA Civ 122; [2006] 1 Lloyd's Rep 701, Convention enforcement)
  case
- China Agribusiness Development Corporation v Balli Trading ([1998] 2 Lloyd's Rep 76, Convention discretion)
  case
- Dardana Ltd v Yukos Oil Co ([2002] EWCA Civ 543; [2002] 2 Lloyd's Rep 326, Enforcement court jurisdiction)
  case
- Christopher Brown Ltd v Genossenschaft Osterreichischer ([1954] 1 QB 8, Jurisdiction over arbitration agreement)
  case
- Al-Naimi (t/a Buildmaster Construction Services) v Islamic Press Agency ([2000] 1 Lloyd's Rep 522, Arbitration agreement and jurisdiction)
  case
- Albon (t/a NA Carriage Co) v Naza Motor Trading (No 4) ([2007] EWCA Civ 1124; [2008] 1 Lloyd's Rep 1, Arbitration agreement and party status)
  case
- Weissfisch v Julius ([2006] EWCA Civ 218; [2006] 1 Lloyd's Rep 716, Arbitration agreement)
  case
- Parsons and Whittemore Overseas Co Inc v Societe Generale de l'Industrie du Papier (508 F.2d 969 (2d Cir. 1974), Convention public-policy framework)
  case
- Quintette Coal Ltd v Nippon Steel Corporation ([1991] 1 WWR 219, Convention enforcement)
  case
- Union Nationale des Co-operatives Agricoles des Cereales v Robert Catterall and Co Ltd ([1959] 2 QB 44, Foreign judgment and treaty effect)
  case
- In re Estate of Fuld (No 3) ([1968] P 675, Recognition and foreign proceedings)
  case
- Carl Zeiss Stiftung v Rayner and Keeler (No 2) ([1967] 1 AC 853, Foreign judgment recognition)
  case
- The Betsy ((1797) 2 Dods 98; 165 ER 150, Treaty interpretation)
  case
- Jay Treaty (Treaty of Amity, Commerce, and Navigation between the United States and Great Britain, 19 November 1794, 19 November 1794)
  treaty
- Advisory Opinion on Interpretation of the Greco-Turkish Agreement (Permanent Court of International Justice, Series B No 16 (1928), PCIJ Series B No 16 (1928))
  case
- Nottebohm (Liechtenstein v Guatemala) (1953 ICJ Rep 111, 1953 ICJ Rep 111)
  case
- Fisheries Jurisdiction (Federal Republic of Germany v Iceland; United Kingdom v Iceland) (1972-1974 ICJ Rep, 1972-1974 ICJ Rep)
  case
- Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States) (1986 ICJ Rep 14, 1986 ICJ Rep 14)
  case
- Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention, 18 March 1965, Articles 41(1) and 52(1)(b))
  convention
- Klockner v Cameroon (ICSID Decision on Annulment, 2 ICSID Rep 95, Decision on Annulment, 2 ICSID Rep 95)
  case
- West Tankers Inc v Allianz SpA (Case C-185/07, [2009] ECR I-663; [2009] AC 1138, Case C-185/07)
  case
- Arbitration (Scotland) Act 2010, Schedule 1 Rules 19, 42 and 67
  statute
Official UK Supreme Court case page Official UK Supreme Court judgment PDF BAILII public transcript
3 months and 14 days later · 106 days
17 February 2011France
17 February 2011France
Judgment of the Paris Court of Appeal in joined cases RG 09/28533, RG 09/28535 and RG 09/28541
Paris Court of Appeal, First Division, First Chamber
Case no.
RG 09/28533; RG 09/28535; RG 09/28541
Decision summary
The court joined the proceedings and rejected the Government's three applications to annul the ICC awards. It held that the Government and Ministry had acted as the true contracting party by their negotiations and conduct, and ordered EUR 100,000 under Article 700 of the French Code of Civil Procedure plus costs.
Supporting details
4 authorities
Paris Court of Appeal, First Division, First Chamber
Authorities cited
4
- French Code of Civil Procedure, Articles 1502(1), 699 and 700
  statute
- Constitution of Pakistan, Article 89
  statute
- Pakistan Trust Ordinance VII/LXXXI of 31 January 1996, 31 January 1996
  statute
- Agreement between Dallah and Awami Hajj Trust (Agreement between Dallah Real Estate and Tourism Holding Company and Awami Hajj Trust, 10 September 1996, Clause 23)
  contract
Date not availablePakistan
Date not availablePakistan
Judgment of the Lahore High Court dismissing the second revision
Lahore High Court
Decision summary
The court dismissed the further revision and held that the Government was neither a party to nor a claimant under the agreement.
Supporting details
1 authority
Lahore High Court
Authorities cited
1
- Arbitration Act 1940 (Pakistan), Section 33
  statute

Court of the Senior Civil Judge, Islamabad

Civil Judge First Class, Islamabad

District Judge, Islamabad

Civil Judge First Class, Islamabad

District Judge, Islamabad

International Chamber of Commerce

International Chamber of Commerce

International Chamber of Commerce

High Court of Justice, Commercial Court

Supreme Court of Pakistan

High Court of Justice, Commercial Court

High Court of Justice, Commercial Court

High Court of Justice, Commercial Court

Court of Appeal (Civil Division)

Paris Tribunal of First Instance, delegated President

Supreme Court of the United Kingdom

Paris Court of Appeal, First Division, First Chamber

Lahore High Court