Law:

Section:

(a) Arbitration Act (X of 1940)-------Ss. 33 & 30---Application for making award Rule of Court---Objections filed against such application, adjudication of---Principle---While hearing objections to an arbitration award, the Court could not sit in appeal on the award which had been passed after recording of evidence led by both parties, with reasons thereon---Court before which the arbitration award was filed, ought not to launch into an exercise of reappraisement of evidence or to set itself up as an Appellate Court, and it should only interfere with the award when there was an error on the face of the award. Federation of Pakistan through Secretary, Ministry of Food, Islamabad and others v. Messrs Joint Venture Kocks K.G./Rist PLD 2011 SC 506; Haji Abdul Hameed & Co. v. Insurance Company of North America 1999 YLR 1213 and Joint Venture KG/RIST v. Federation of Pakistan reported as PLD 1996 SC 108 rel. (b) Arbitration Act (X of 1940)--- ----First Sched.Cl.(3) & Ss.30 & 33 ---Arbitrator to make award within four months of entering of the reference---Scope---Contention of the appellant was that arbitration award be set side on the ground that the arbitrator had failed to make the award within the stipulated time-frame of four months per provisions of Clause 3 of the First Schedule to the Arbitration Act, 1940, and after passage of such time, the Arbitrator had become functus officio---Held, that once a party had chosen to participate in the proceedings before the Arbitrator, even if the time stipulated under Clause 3 of the First Schedule to the Arbitration Act, 1940 had lapsed, however by the conduct of the parties, such time-frame stood extended, ipso facto---Appellant, in the present, case was also estopped by its own conduct, as it had sought repeated adjournments during the arbitration proceedings---Appeal was dismissed. WAPDA v. Khanzada Muhammad Abdul Haque Khan Khattak and Company PLD 1990 SC 359 rel. (c) Arbitration Act (X of 1940)--- ----Ss. 13, 33 & 30---Appellant objected to the arbitration award on the ground that the Sole Arbitrator had framed issues to decide the controversy after recording of evidence, and such procedure was…

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