Chief Justice Iftikhar Muhammad Chaudhry, who was heading a three-member bench, dictated the order while hearing the case. In the order, the court directed the federal and Balochistan governments to approach the ICC and International Counsel for Settlement on Investment Disputes (ICSID) for an extension in the period of nominations so that the court may dispose of the matter.
During the hearing, the main question before the court was how to ask the international bodies to slow down the process to enable the Supreme Court of Pakistan to remove illegalities in the deal.
Raza Kazim, the lawyer of petitioner Maulana Abdul Haq Baloch, asked the court to stop the party which had gone for arbitration and asked that it should be withdrawn and resolved in the local courts. He requested the court to pass a stay order in this regard.
The counsel for Tethyan Copper Company (TCC), Khalid Anwar informed the court that it should refrain from passing such orders, as “the court orders have no compulsion on the international front and it would be disregarded.”
He also added that the credibility of the court would be damaged internationally.
The TCC has moved the ICC against the Balochistan government for rejecting its application for mining lease, upon the completion of the feasibility study. It has also filed a request for arbitration at the International Centre for Settlement of Investment Disputes, against the federation.
Anwer said that if the court passed an order in this regard, it may further increase legal complications at the domestic and international level.
TCC’s counsel, while answering a question, informed the court he was only representing TCC, while it was TCC Australia that had taken the government to arbitration. He said TCC Australia was not on the court’s notice, which is why no one was there to represent it.
Ahmer Bilal Sufi, counsel for the Balochistan government, told the court that the parties should approach ICC and ICSID themselves and say that the case is in the Supreme Court, and inform them that the local courts are in a position to rule on any illegality or unlawfulness in the agreement.
Sufi referred to the 1958 New York convention to support of his arguments.
Advocate General Balochistan, Amanullah requested the court to not go into arbitration. “This is a sensitive case and involves billions of rupees,” he said.
After hearing all the stakeholders in the case, the court passed a consensus-based interim order. Commenting on the court’s order, one of the lawyers of the case told The Express Tribune that everyone in the court was happy for “nothing”.
The court has adjourned the hearing for two weeks.
COMMENTS (4)
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Why would Tethyan Copper Company give up their right to international arbitration to let the Pakistani Supreme Court adjudicate this matter? The rest of the World has a low opinion of the integrity of Pakistan's justice system and the recent political interventions by the SC reinforce should reinforce that negative opinion. If Pakistan wants to attract foreign investment it needs to understand that those investors are going to require a system to resolve disputes that they think is balanced/fair.
Pakistan Courts should decide the issue as party to the dispute have pleaded that Supremem Court adjudicates and decides the issue The interest of the country comes first
This shows that people have lost trust with the Supreme Court. When it gives decisions, based on newspaper clippings, and to the liking of some interest groups, ICC seems to be the right forum.