A single member bench of the Lahore High Court has sought written arguments from the counsels for both the plaintiff and defendant along with public prosecutor in the Porsche case between Performance Automotive (Pvt.) Ltd, Versus Porsche Middle East and Africa FZE, etc.
LHC Judge Justice Jawad Hassan also framed different constitutional moot points, qua interference & intervention of the Commercial Court/Civil Court Lahore during the pendency of the International arbitration between parties.
As enunciated from the moot points, decision of the case will determine guidelines for the Commercial Courts.
The important moot points are as under: Whether the parties agreed the forum for a Foreign Arbitration can challenge the same in the Civil/Commercial Courts in Pakistan?
Whether after initiation of arbitration proceedings before the DIFC-LCIA, Dubai, the matter can be agitated before the Courts of Pakistan? Whether the Law(s) on Arbitration of Pakistan can be applied to Arbitration Proceedings when the Parties concerned have already recognized and submitted to the DIFC Arbitration Rules which constitute a part of the import agreement (Clause 16.11)?
Whether this Court has jurisdiction to entertain the matter against the foreign Company/Respondents? The learned court also sought written arguments from counsels for the parties as well as learned Amicus Curiae on or before June 28, 2021.