ISLAMABAD:
The Supreme Court on Friday warned the Balochistan government of adverse consequences in case a decision by the International Centre for Settlement of Investment Disputes (ICSID), an international arbitration forum, went against it in the Reko Diq mining lease awards case.
A three-judge bench – headed by Chief Justice Iftikhar Muhammad Chaudhry – directed Balochistan’s Advocate General Amanullah Kanrani to provide records of the case to all the parties over a plea moved by Maulana Abdul Haq Baloch, one of the petitioners.
During the proceedings, the bench observed that an irresponsible attitude was adopted towards the pending issue which could result in adverse consequences.
Baloch’s attorney Raza Kazim contended that it was a significant case over which a decision had been reserved by the ICSID. If the decision by the international arbitrator restricted the provincial government from awarding the licence to a company other than the respondent Tethyan Copper Company Australia (TCCA), it would create complications, he added.
Justice Chaudhry observed that they were impartial and those responsible would have to face the consequences if an adverse ruling was given at the international arbitration.
Justice Gulzar Ahmed, another judge on the bench, observed that they would have to take into consideration the status of TCCA, whether it could invoke international arbitration or not.
The chief justice questioned how the TCCA could make its claims considering it had sold its shares. He also said that Pakistan was a sovereign country that was capable of defending its law. Raza Kazim said the court had issued notices to the TCCA, but it did not bother to respond.
Justice Chaudhry observed that the issue could not be taken up by the Pakistan government as it was not a party to the case. Kazim replied that the government should have approached the apex court over the investment.
The ICSID had reserved its judgment on November 6 over the issue between the Balochistan government and the TCC. The proceedings were held in London.
The ICSID tribunal, comprising Dr Klaus Sachs, Dr Stanimir Alexandrov and Lord Hoffman had concluded its hearing. The TCC had invoked the jurisdiction of the International Chambers of Commerce (ICC) and ICSID against the prospective Reko Diq minerals licence. The TCC was formed to explore gold and copper at the Reko Diq mines. The TCC was also a part of the parties of the alliance agreement with the BHP Minerals International Exploration Inc.
The court adjourned the hearing till November 19.
Published in The Express Tribune, November 17th, 2012.
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