| Citation(s) |
|---|
| 2003 SLG 3447 2003 SLD 3447 2003 PLD 301 |
Supreme Court of Pakistan
Civil Petitions Nos. 524-K and 525-K of 2002, decided on 3rd December, 2002.
NAZIN HUSSAIN SIDDIQUI AND SYED DEEDAR HUSSAIN SHAH, JJ
Akhtar Ali Mehmood, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record (absent) for Petitioner. Bilal A. Khawaja, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record (,absent) for
Respondent.
Civil Petitions Nos. 524-K and 525-K of 2002, decided on 3rd December, 2002.
NAZIN HUSSAIN SIDDIQUI AND SYED DEEDAR HUSSAIN SHAH, JJ
Akhtar Ali Mehmood, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record (absent) for Petitioner. Bilal A. Khawaja, Advocate Supreme Court and Faizanul Haq, Advocate-on-Record (,absent) for
Respondent.
PAKISTAN STEEL MILLS CORPORATION, KarachI
VS
Messrs MUSTAFA SONS (PVT.) LTD., Karachi
Law:
Section:
(a) Arbitration Act (X of 1940)--- ----S. 30(a)---Misconduct---Misconduct with reference to arbitration proceedings, is interpreted in the sense in which it is not akin to fraud but it means neglect of duties and responsibilities of the arbitrator. (b) Arbitration Act (X of 1940)--- ----S. 30(a)---Allegation of legal misconduct on the part of arbitrator--Record showed that normal procedure was followed by the arbitrator and all the pleas raised by the parties were considered and answered accordingly--Neither there was any violation of any principle of natural justice nor any conclusion was drawn in haste, nor the conclusion so drawn shocked the conscience---Arbitrator, in circumstances, had not acted capriciously or arbitrarily. (c) Arbitration Act (X of 1940)--- ----S. 30(c)---Plea of invalidity of award---Principles---Arbitrator is the final Judge on the law and facts and it is not open to a party to challenge the decision of the arbitrator, if it is otherwise valid---If the arbitrator has given his decision in terms of submissions made before him nothing adverse could be attributed to him---Even if there was wrong interpretation of a clause in a contract between the parties, in such a case, arbitrator is not bound to give specific findings on each and every issue nor he is required to state reasons for his conclusion, if the findings are within the parameters of the submissions made before him---Award cannot be set aside on the plea that different view was possible if the facts would have been appreciated with different angle by the arbitrator---Court, while examining the validity of award does not act as a Court of appeal and cannot undertake reappraisal of evidence recorded by the arbitrator in order to discover the error or infirmity in the award---Error or infirmity in the award which renders the award invalid must appear on the face of the award and should be discoverable by reading the award itself---Where reasons recorded by the arbitrator are challenged as perverse, the perversity in ft reasoning has to be established with reference to the material considered by the arbitrator in the award--Where the arbitrator had minutely examined each and every…
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