DALMIA DAIRY INDUSTRIES LTD. v. NATIONAL BANK OF PAKISTAN

[1978] 2 Lloyd's Rep. 223

COURT OF APPEAL

Before Lord Justice Megaw Lord Justice Roskill and Lord Justice Browne

Conflict of laws - Arbitration award - Guarantee given to Indian company by Pakistani bank that third party would perform contract - Contract not performed - Claim by Indian company that bank was liable under guarantee - Dispute referred to arbitrator - Bank held liable by arbitrator - Indian company seeking to enforce arbitration award - Plea by bank that award not enforceable - Whether arbitrator entitled to decide whether he had jurisdiction - Whether guarantee and award abrogated by state of hostilities between Pakistan and India - Whether award contrary to English public policy - Whether principles of natural justice infringed by arbitrator's refusal to hear oral evidence - Whether award enforceable.