Pakistan Wins Reko Diq Case

[mingle]

Reko Diq case: UK High Court blocks Pakistan from raising corruption allegations

LONDON: The London High Court has blocked Pakistan from pleading corruption allegations in the famous Reko Diq case in a challenge to an International Chamber of Commerce (ICC) partial award won by the Australian mining firm Tethyan Copper Company (TCC) - ruling that the province of Balochistan can no longer plead corruption allegations against the gold mining giant as the Supreme Court of Pakistan had not based its decision in the Reko Diq on corruption allegations.

The News has exclusive access to the 98-page decision by Justice Robin Knowles. The court ruling by Judge Robin Knowles of the High Court of Justice comes as a setback as Pakistan’s legal team had sought to get the whole case nullified using the Supreme Court of Pakistan’s decision, but the London High Court found that Balochistan opted not to raise the issue of corruption during the international arbitration and in fact didn’t even allege corruption – while raising the corruption allegations in London High Court.

Balochistan had started claim against TCC in UK High Court on the allegations that TCC paid significant bribes to Pakistan government officials mainly in Balochistan, before and after the joint venture agreement was agreed, in order to secure the mining deal and in exchange for various "illegitimate benefits" under the agreement.

Rejecting the claim by Balochistan, Judge Robin Knowles ruled that Balochistan forfeited its right to mount corruption allegations to challenge the jurisdiction of an arbitral tribunal adjudicating claims over the Reko Diq gold and copper mines in Balochistan. Balochistan had alleged corruption and also pleaded that the ICC lacked jurisdiction, but the English court ruled that the English arbitration law barred parties from raising issues before the court that were not raised during the arbitration in the same case.

Judge Robin Knowles said in the decision that Pakistan’s reference during the arbitration related to a decision by the Supreme Court of Pakistan finding an underlying agreement to be void wasn't enough to show that it had raised the corruption allegations before the tribunal.

The English judge in his ruling acknowledged that while Pakistan’s Supreme Court had concluded that an underlying joint venture agreement that led to TCC attempting to secure digging rights was void but Pakistan’s highest court hadn't based its decision on Pakistan’s claim and allegation that the agreement was secured as a result of bribes or corrupt practices. Judge Robin Knowles noted that Pakistan’s Supreme Court had made no reference to the allegations of corruption in its decision while declaring the agreement as invalid.

"Descriptions of or references to corruption are insufficient: the question with which the corruption allegation is concerned is whether the Supreme Court of Pakistan found that the [joint venture agreement] and related agreements were void due to the existence of corruption," Judge Knowles wrote. "In my judgment, it did not."

The judge noted that Balochistan had enough opportunities to raise the corruption allegations before the international tribunal but it chose not to bring up the issue of corruption and instead chose a different jurisdiction to launch the case.

The judge wrote: "If the province has evidence relating to corruption that was not before the ICC tribunal ... then it is for the province to seek to address those matters with the arbitral tribunal; it does not make it legitimate for the province to raise them with the court as a challenge to the jurisdiction of the arbitral tribunal."

The judge ruled that the province of Balochistan cannot pursue “the corruption allegation because it was not included in the arbitration claim form”. The judge also ruled that Balochistan couldn’t be allowed to amend the arbitration claim form – effectively rejecting Balochistan’s case.

Reko Diq case: UK High Court blocks Pakistan from raising corruption allegations

LONDON: The London High Court has blocked Pakistan from pleading corruption allegations in the famous Reko Diq case in a challenge to an International Chamber of Commerce partial award won by the...

www.thenews.com.pk

This nation will remember iftikhar Ch generations to come

 

[GumNaam]

This nation will remember iftikhar Ch generations to come

the uk judge been go fck himself where the sun don't shine. being the "judge" of a country that is harboring a known terrorist and a convicted criminal, his courts have no jurisdiction in Pakistan so he can simply fck off with his left british pinky raised up in the air.

 

[Genghis khan1]

 

[ejaz007]

Reko Diq ‘treasure’ sold: Senator Bizenjo
By Our Correspondent
January 05, 2022

ISLAMABAD: The Senate on Tuesday witnessed the allegation that the Reko Diq 'treasure' had been quietly sold to the world market.

National Party Senator Tahir Bizenjo, before expressing his views on the finance amendment bill, raised this matter in the House and said the entire Balochistan was agitating on this. He regretted that an international court had imposed US$6 billion penalty on Pakistan but none of those behind sabotaging this gold and copper treasure was punished by the government.
"This only could have happened during the East India Company, as this treasure could rid Pakistan of IMF and Balochistan of poverty but now Islamabad is worried how to pay this penalty. Why an in-camera briefing was given to the Balochistan Assembly by the attorney general. This matter needs to be discussed in this House, which has the mandate to safeguard the interests of the federating units,” he contended.
He said the Senate should be given an open briefing on the entire issue, being its legal and constitutional responsibility. "We have the information that this treasure has been sold in the world market," he said.
Responding to him, Balochistan Awami Party Senator Kauda Babar (a government ally) said that Senator Bizenjo’s party was invited to the in-camera briefing in the provincial assembly, but it stayed away and even now the Chief Minister Balochistan and the Balochistan Assembly were ready to give a briefing to his party leadership.
“What is the use of 18th Amendment, if we can’t handle our own provincial issues. We want our matters in our own hands,” he maintained. He said it was for the first time that an in-camera briefing was held on such an important issue.
To this, Senator Bizenjo responded that unfortunately, often such governments were imposed on the people of Balochistan whose members had their own personal interests ahead of provincial interests and hence they did not enjoy the confidence of people, insisting the Senate should have a debate and it should be given a briefing on the matter.
Leader of the House Senator Dr. Shahzad Waseem drew the House's attention towards an audio going viral on social media and being hotly discussed on several TV channels about 'conversation between PMLN leaders Maryam Nawaz and ex-information minister Pervaiz Rashid'. He charged the audio had exposed the so-called advocates of media freedom and freedom of expression, as to how they regulated and managed the media.
He asked in what capacity Maryam ran a media cell during the regime of then PM Nawaz Sharif from the PM House. “Their real face has been exposed again in the latest audio. Such conversation was held about journalists that cannot be repeated here. This is their mindset about the media and its freedom that journalists were being abused and that ads to such and such channel be stopped. Today, they are reaping what they had sown,” he noted. He also made mention of some earlier audio tapes as well, which according to him were used to insult the courts.
PMLN Senator Irfan Siddqui said the chair should issue a ruling whether or not anything on the social media could be raised and discussed here for point-scoring and disgracing and stigmatising anyone. He warned that if this trend was kicked off, then it would not stop.
The Senate passed four bills, which were moved for consideration and adoption by Federal Minister for Human Rights Dr. Shireen Mazari. These included the Protection against Harassment of Women at the Workplace (Amendment) Bill, 2021, The National Commission on the Rights of Child (Amendment) Bill, 2021, The Juvenile Justice System (Amendment) Bill, 2021 and The Islamabad Capital Territory Child Protection (Amendment) Bill, 2021.

Reko Diq ‘treasure’ sold: Senator Bizenjo

ISLAMABAD: The Senate on Tuesday witnessed the allegation that the Reko Diq 'treasure' had been quietly sold to the world market.National Party Senator Tahir Bizenjo, before expressing his views on...

www.thenews.com.pk

 

[SD 10]

Reko Diq ‘treasure’ sold: Senator Bizenjo
By Our Correspondent
January 05, 2022

ISLAMABAD: The Senate on Tuesday witnessed the allegation that the Reko Diq 'treasure' had been quietly sold to the world market.

National Party Senator Tahir Bizenjo, before expressing his views on the finance amendment bill, raised this matter in the House and said the entire Balochistan was agitating on this. He regretted that an international court had imposed US$6 billion penalty on Pakistan but none of those behind sabotaging this gold and copper treasure was punished by the government.
"This only could have happened during the East India Company, as this treasure could rid Pakistan of IMF and Balochistan of poverty but now Islamabad is worried how to pay this penalty. Why an in-camera briefing was given to the Balochistan Assembly by the attorney general. This matter needs to be discussed in this House, which has the mandate to safeguard the interests of the federating units,” he contended.
He said the Senate should be given an open briefing on the entire issue, being its legal and constitutional responsibility. "We have the information that this treasure has been sold in the world market," he said.
Responding to him, Balochistan Awami Party Senator Kauda Babar (a government ally) said that Senator Bizenjo’s party was invited to the in-camera briefing in the provincial assembly, but it stayed away and even now the Chief Minister Balochistan and the Balochistan Assembly were ready to give a briefing to his party leadership.
“What is the use of 18th Amendment, if we can’t handle our own provincial issues. We want our matters in our own hands,” he maintained. He said it was for the first time that an in-camera briefing was held on such an important issue.
To this, Senator Bizenjo responded that unfortunately, often such governments were imposed on the people of Balochistan whose members had their own personal interests ahead of provincial interests and hence they did not enjoy the confidence of people, insisting the Senate should have a debate and it should be given a briefing on the matter.
Leader of the House Senator Dr. Shahzad Waseem drew the House's attention towards an audio going viral on social media and being hotly discussed on several TV channels about 'conversation between PMLN leaders Maryam Nawaz and ex-information minister Pervaiz Rashid'. He charged the audio had exposed the so-called advocates of media freedom and freedom of expression, as to how they regulated and managed the media.
He asked in what capacity Maryam ran a media cell during the regime of then PM Nawaz Sharif from the PM House. “Their real face has been exposed again in the latest audio. Such conversation was held about journalists that cannot be repeated here. This is their mindset about the media and its freedom that journalists were being abused and that ads to such and such channel be stopped. Today, they are reaping what they had sown,” he noted. He also made mention of some earlier audio tapes as well, which according to him were used to insult the courts.
PMLN Senator Irfan Siddqui said the chair should issue a ruling whether or not anything on the social media could be raised and discussed here for point-scoring and disgracing and stigmatising anyone. He warned that if this trend was kicked off, then it would not stop.
The Senate passed four bills, which were moved for consideration and adoption by Federal Minister for Human Rights Dr. Shireen Mazari. These included the Protection against Harassment of Women at the Workplace (Amendment) Bill, 2021, The National Commission on the Rights of Child (Amendment) Bill, 2021, The Juvenile Justice System (Amendment) Bill, 2021 and The Islamabad Capital Territory Child Protection (Amendment) Bill, 2021.

Reko Diq ‘treasure’ sold: Senator Bizenjo

ISLAMABAD: The Senate on Tuesday witnessed the allegation that the Reko Diq 'treasure' had been quietly sold to the world market.National Party Senator Tahir Bizenjo, before expressing his views on...

www.thenews.com.pk

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