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Rejecting the Right to International Arbitration on Domestic Public Policy Grounds - The Case of Tethyan Copper Company in Pakistan

9 Pages Posted: 25 Aug 2013  

Faisal Daudpota

Advocate High Court

Date Written: August 25, 2013

Abstract

On 10 May 2013, the Supreme Court of Pakistan issued its consolidated judgment with reasons, in a high stakes litigation involving a provincial government and Tethyan Copper Company, whereby it declared the so-called “Chagai Hills Exploration Joint Venture Agreement” (CHEJVA), as illegal - being against public policy under the Pakistan’s domestic law. Consequently the Supreme Court also, in effect, ruled that the contractual right to invoke international arbitration pursuant to CHEJVA could also not be respected in Pakistan.

This paper analyzes the judgment as to its findings in respect of the right to international arbitration as against domestic public policy understanding in Pakistan.

Keywords: Mineral Law, Natural Resources Law, International Litigation, International Arbitration, Pakistan Law, Public Policy and Arbitration Policy

Suggested Citation

Daudpota, Faisal, Rejecting the Right to International Arbitration on Domestic Public Policy Grounds - The Case of Tethyan Copper Company in Pakistan (August 25, 2013). Available at SSRN: https://ssrn.com/abstract=2315702 or http://dx.doi.org/10.2139/ssrn.2315702

Faisal Daudpota (Contact Author)

Advocate High Court ( email )

Karachi
Pakistan

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