Law: Arbitration Act, 1940

Section: 33

(a) Arbitration Act (X of 1940)---Ss. 30 & 33---Application for setting aside of award---Framing of issues and recording of evidence by court---Scope--- When Arbitrator had framed necessary issues on every aspect of case, then such exercise again would not be mandatory for court---Court might in its discretion, if considered just and expedient, set down such application for hearing on other evidence also. (b) Arbitration Act (X of 1940)--- ----Ss. 14, 17 & 39---Award given by sole Arbitrator appointed in terms of arbitration clause---Award made rule of court---Appellant's plea was that Arbitrator had been appointed without fulfilling conditions precedent mentioned in arbitration clause---Validity---When parties had voluntarily opted for resolution of their dispute through Arbitrator, who had delivered award, then court would proceed with presumption of correctness attached to award---Award could not be disturbed merely on technical reason not affecting merits of award or at whims of some party aggrieved by terms of Award---Record showed that parties with their mutual consent had appointed sole Arbitrator---Appellant had participated in arbitration proceedings and produced evidence on each and every issue---High Court dismissed appeal in circumstances. 1985 SCMR 597; PLD 1996 SC 108; 2002 SCMR 1662; PLD 2003 SC 301; 2004 SCMR 590; PLD 2006 SC 169; PLD 1980 SC 122; 1984 SCMR 77; 1983 SCMR 718; PLD 2006 Lah. 314; PLD 1998 Lah. 132; 2004 YLR 274; 2006 SCMR 614; 1981 CLC 311; PLD 1992 SC 479; 1973 SCMR 555; PLD 1973 SC 311; PLD 1991 FSC 1; 1992 SCMR 408; PLD 1997 SC 559 and 2011 YLR 2604 ref. 1983 SCMR 718; PLD 2006 Lah. 314 and 2002 SCMR 1662 rel. (c) Arbitration Act (X of 1940)--- ----Ss. 14, 17 & 39---Award made rule of court---Jurisdiction of Appellate Court---Scope---Appellate Court would not interfere with award, if having been made by Arbitrator after framing of issues. JUDGMENT MUHAMMAD ANWAR KHAN KASI, C.J.---This judgment shall dispose of captioned Regular First Appeal filed by appellant [Oil and Gas Development Company Limited] under section 39 read with section 17 of the Arbitration Act, 1940, challenging the Judgment and Decree dated…

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