Reko Diq Case: Supreme Court admits petition against International Court of Arbitration

The Supreme Court of Pakistan on Thursday admitted a petition against intervention from the International Court of Arbitration (ICA) and the International Chamber of Commerce (ICC) on the Reko Diq mining lease dispute for hearing.

A three-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhary issued notices to all parties in the case, making it part of the Reko Diq case constituting of identical petitions filed against the federal government’s decision to lease out gold and copper mines in Reko Diq in Balochistan’s Chagai district to international companies.

Petitioner Maulana Abdul Haque Baloch, who is also one of the petitioners in the main Reko Diq case, stated that the International Court of Arbitration didn’t have the authority to hear the dispute.

Counsel for the petitioner Raza Kazim argued in the court that no agreement pertaining to arbitration was signed between the licensing authorities and the concerned companies. He said neither the ICC nor any other arbitration tribunal could hear the dispute.

He informed the court that his client was awaiting the court’s interim order on the issue of arbitration. The lawyer further stated companies should respect the mining regulations and courts of the country in which they operate.

Chief Justice Chaudhary in the course of hearing said provision of requisite documents was necessary to better understand the issue, adding that the documents would show whether the company in question was real or simply on paper, adding that, the court did not accept companies based solely on paper.

The chief justice remarked, “The Balochistan government should assist the court on the issue, adding that, the court had yesterday directed the provincial government to provide the bench with relevant documents.”

He said that 1,000 square kilometer area could be allotted to explore reserves under the law but 13,000 square kilometer was allotted to the company by issuing 10 licenses, thus, easing conditions in the regulations.

He also opined that provincial government was not cooperating and it appeared that the state did not want to fight the case. Those who are party in the case should furnish information and documentation, he added.

The chief justice said the bench could proceed better on the matter, if the records could be provided to the court. The case’s hearing was adjourned to Friday.

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Posted by Faisal Farooq on Nov 15 2012. Filed under Latest News, National, Pakistan. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.