Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 14---Not necessary for the arbitrator to frame issues or to give finding on each issue and if some omission is made it does not invalidate the award. Messrs. Alpine Construction Co. Ltd. V. University of Karachi NLR 1991 CLJ 546; Ibad & Co. v. Government of Sindh and others PLD 1981 Karachi 236; Trading Corporation of Pakistan Limited . Aslam Saeed and Co. PLD 1973 Kar. 65 ref. (b) Arbitration Act (X of 1940)--- ----S. 23---Reference to arbitration---Valid and legal reference is the pre-condition to give jurisdiction to Arbitrator to decide the dispute--If the reference is invalid or illegal then through that reference no jurisdiction can be conferred upon the Arbitrator to decide the dispute. Chhabba Lal v. Kallu Lal AIR 1946 PC 72 fol. The State of Pakistan v. Mehrajuddin PLD 1959 SC (Pak) 147 ref. (c) Arbitration Act (X of 1940)--- ----Ss. 23 & 17---Reference to arbitration---Invalid reference---Effect---With properly invoking the arbitration clause of the contract, no contrary finding could be given, and consequently no reference could have been made to the Arbitrator---Reference made to the Arbitrator by the Court, in circumstances, was an invalid reference and arbitrator had no jurisdiction to decide the dispute and award given on invalid reference was required to be set aside and could not be made the rule of the Court. Board of Intermediate and Secondary Education v. Fine Star and Company Engineers and Contractors 1993 SCMR 30 ref. (d) Arbitration Act (X of 1940)--- ----S. 14---Award---Detailed discussion by the arbitrator on the issues showed no apparent mistake of facts and law---Jurisdiction of Court, in such matters even otherwise, was supervisory and not of appellate nature and it was not the requirement of law to reject the finding of the Arbitrator on the ground that different conclusion could be drawn from the evidence and examination of record---Award was not to be lightly interfered with on insufficiency, non-consideration and failure. to take into account the evidence by the Arbitrator. JUDGMENT RAHMAT HUSSAIN JAFFERI, J.---On the basis of tender floated by Pakistan Water and Power Development…

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