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
AuthorTaimoor Raza Sultan is an arbitration practitioner having an LL.M. in International Commercial Arbitration from Stockholm University
Pakistan
Rana Hassan Ali
AuthorRana 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 |
|---|

This work is licensed under a Creative Commons Attribution 4.0 International License.