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

[2010] UKSC 46 (2010)

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

United Kingdom Supreme Court
[2010] UKSC 46 (2010)

Facts

Dallah Real Estate and Tourism Holding Company (Dallah) (plaintiff) and the Ministry of Religious Affairs of the Government of Pakistan (defendant) arbitrated a dispute in France, and an award was issued. During an appeal of the award to the United Kingdom Supreme Court, the parties agreed that because the arbitration award was issued in France, the law of France was relevant to the analysis of the United Kingdom court. The parties also agreed that the relevant law was not necessarily the law that would apply in France to a purely domestic French arbitration. During the appeal process, French legal experts from both parties testified that, under French law, questions concerning the existence, validity, or effectiveness of an arbitration agreement in an international arbitration may be answered under transnational law.

Rule of Law

Issue

Holding and Reasoning (Mance, J.)

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