Summary

The central issue in this appeal is when a party will be held to have submitted to the jurisdiction of a foreign court as a matter of Cayman Islands law.

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On 3 November 2022, the respondent issued two applications in the Pakistan Proceedings ("the Pakistan Applications"). The first application was issued pursuant to section 4 of the Pakistan Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 to challenge the jurisdiction of the Pakistan Court to grant relief and in which a stay of the Pakistan Proceedings in favour of arbitration was sought ("the Section 4 Application"). The second application was issued pursuant to Order 39 Rule 4 of the Pakistan Civil Procedure Code and sought to recall or modify the Interim Injunction to allow for the nomination of directors to the board of KEL in proportion to the shareholding in KESP ("the Order 39 Application"). The Pakistan Applications are yet to be determined and the Interim Injunction remains in force.

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