ISLAMABAD: The Central Power Purchasing Agency-Guaranteed (CPPA-G) is set to hire another counsel to file a reply to an appeal before the Court of Appeal in London, following the dismissal of an injunctive relief sought by Star Hydro Power Company Limited (SHPL).
Sources indicate that the ongoing dispute with SHPL has become a significant headache for both CPPA-G and the National Transmission and Despatch Company Limited (NTDCL). A substantial amount of national funds has already been spent in contesting the matter at international forums.
According to sources within CPPA-G, following the final award issued by the sole arbitrator in the LCIA Arbitration titled “Star Hydro Power Limited vs. NTDCL”, the National Transmission and Despatch Company Limited (NTDCL) and CPPA-G filed an application before the Lahore High Court. This application was made under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 for, among other things, partial recognition and enforcement, as well as partial refusal of recognition and enforcement of the final award, referred to as the “NYC Proceedings.”
After filing the NYC Proceedings, and the granting of interim relief by the Lahore High Court on August 7, 2024, SHPL filed an Anti-Suit Injunction (ASI) application, seeking both interim relief and a final injunction to prevent NTDC/CPPA from taking any further steps regarding the NYC Proceedings (the “ASI”). To defend against the ASI, the Office of the Attorney General for Pakistan recommended Barrister Toby Landau, KC, and his team of legal experts (collectively, “Counsel”) under the Standard Operating Procedure for the engagement of counsels.
The High Court of Justice, Business and Property Courts of England and Wales Commercial Court, after hearing the ASI and reviewing the evidence, dismissed SHPL’s application for an interim Anti-Suit Injunction. However, upon SHPL’s request, the court granted permission to appeal the dismissal before the Court of Appeal. The deadline for filing the Appeal Notice in the London Court of Justice is January 22, 2025, with the limitation for filing a reply to the appeal set at 14 days from the time the appeal is filed.
In accordance with the Standard Operating Procedures for engaging foreign law firms in foreign litigation or arbitration on behalf of the Government of Pakistan, issued by the Office of the Prime Minister on February 17, 2015, the Ministry of Law and Justice must constitute a committee, chaired by the Attorney General for Pakistan. This committee is responsible for selecting suitable foreign law firms or lawyers to represent the state or its instrumentalities, settling the terms and conditions of their engagement, and approving the engagement contracts.
Given the seriousness of the matter, which has been handled by Counsel, and the tight deadline for filing a reply to the appeal, CPPA-G has requested that a reference be made to the Office of the Head of the International Disputes Unit, Office of the Attorney General for Pakistan, seeking approval for the engagement of counsel to represent NTDC/CPPA-G before the Court of Appeal. Ends
