SGS case: SC stays arbitration

Published March 16, 2002

ISLAMABAD, March 15: The Supreme Court on Friday agreed to hear the petition of Swiss company SGS, and stayed the arbitration proceedings between the government and Swiss company, not only in Pakistan but also before the International Centre for Settlement of Investment Disputes (ICSID).

The Supreme Court bench, which had adjourned the case till Friday to allow the SGS counsel to consult his client, on Friday did not receive consent from the Swiss company. The court, however, stayed proceeding before the ICSID and arbitrator appointed by the civil court, Islamabad.

The SGS counsel did not furnish consent from the SGS, but made a written request that proceedings before the ICSID should be allowed to take its course.

Attorney-General Makhdoom Ali Khan contended that allowing the ICSID to continue its proceedings would entail expenditures to the government and the matter should be decided by the Supreme Court of Pakistan.

The court accepted the contention of Attorney-General and granted leave to appeal to the SGS’s application.

Both the parties have been directed not to pursue their cases before the forums which in their view had the jurisdiction to decide the dispute, till the time Supreme Court decided the question of proper forum.

The Supreme Court bench consisted of Justice Munir A. Sheikh, Justice Rana Bhagwandas and Justice Fakeer Mohammad Khokhar.

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