On Tuesday 13 July 2021 the Eastern Caribbean Court of Appeal (Pereira CJ, Webster and Theodore JJA) gave reasons for its ex tempore decision on 4 June 2021.
The Chief Justice gave the leading judgment and determined the ECCA had no jurisdiction or power to grant interim relief against Pakistan pending appeal. The Court determined that (1) Part 1 the State Immunity Act is a complete code and (2) an arguable appeal on immunity was not sufficient to give the ECCA jurisdiction or power to grant interim relief pending appeal.
Wallbank J had set aside ex parte orders obtained by Tethyan Copper Company against the Islamic Republic of Pakistan and others. The ex parte orders were obtained in aid of the recognition and enforcement of a US$ 6 billion ICSID Award (Case No. ARB/12/1) against Pakistan.
This is the first reported appellate decision under the State Immunity Act on the jurisdiction or power of an appellate court to grant interim relief against a State pending appeal.
The judgment is here.
Vernon Flynn QC acted for the Islamic Republic of Pakistan instructed by Ogier.