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Lloyd's Maritime and Commercial Law Quarterly

GOING CHERRY PICKING

Joseph Khaw*

Star Hydro v National Transmission and Despatch Co
Is pre-emptively seeking partial recognition of one (favourable) part of an arbitral award, which effectively nullifies other (unfavourable) parts, giving effect to a res judicata finding or a disguised attack on the award?
This question arose in Star Hydro Power Ltd v National Transmission and Despatch Co Ltd,1 where Star Hydro sought an anti-suit injunction (“ASI”) to enjoin National Transmission and Despatch Co Ltd (“NTDC”) from seeking partial recognition of an arbitral award and consequential declarations of non-enforceability of the other parts before the Lahore High Court. The Court of Appeal granted the ASI, 2 reversing the Commercial Court at first instance.3 This decision confirmed the English courts’ willingness to protect their supervisory jurisdiction over London-seated arbitrations against creative attempts to circumvent it through the New York Convention (“the Convention”).

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