The Journal of Political Science. GC University - Lahore

The Journal of Political Science

Department of Political Science, Government College University Lahore
ISSN (print): 1726-6467
ISSN (online): 2709-8672
Abstract

The enforcement of foreign arbitral awards is foundational to international arbitration, with the public policy exception under the New York Convention serving as a limited safeguard designed to prevent enforcement in exceptional cases that would fundamentally violate the enforcing state's substantive legal principles. Historically, the judicial decisions in Pakistan have diverged from global arbitration norms by expansively construing public policy, thereby impeding the enforcement of awards. This expansive interpretation has generated anti-enforcement decisions, resulting in legal uncertainty that discourages foreign investment and hinders Pakistan’s integration with the global arbitration order. By examining landmark cases, this article illustrates the adverse impact of Pakistan’s deviation from the international standard of restrictive public policy interpretation. While the Supreme Court’s 2024 ruling in Taisei Corporation and the Draft Arbitration Act 2024’s introduction of a statutory definition of public policy indicate an emerging shift toward a more internationalist approach, substantial reforms are still required for Pakistan to establish itself as a reliable forum for the enforcement of arbitral awards.

Keywords: Arbitration, Enforcement, Public Policy, & Awards

Author(s):

Taimoor Raza Sultan is an arbitration practitioner having an LL.M. in International Commercial Arbitration from Stockholm University

Pakistan

Rana Hassan Ali is an LL.M. candidate in International Economic Law at Punjab University.

Pakistan

Details:

Type: Article
Volume: 42
Issue: 2
Language: English
Id: 68c0799e124d9
Published September 09, 2025

Copyrights

Department of Political Science, Government College University Lahore
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.