Law: Arbitration Act, 1940

Section: 17,30

(a) Arbitration Act (X of 1940)---   ----Ss. 17 30---Award challenged partially---Effect---Undisputed portion of award would be liable to be made rule of court straightaway, while objections regarding its disputed portion could be heard and decided according to law.   (b) Arbitration Act (X of 1940)---   ----S. 30---Application for setting aside of award---Duty of applicant stated.    The applicant is required to first point out/show the efforts from the award itself, as the court cannot first look into the material used by the Arbitrator and then compare it with the reasoning given in the award in order to discover the error in the award. If applicant succeeds in pointing out/showing such an error from the award itself, the burden will have still be on the applicant to show that the findings of Arbitrator are contrary to the evidence produced before him. The applicant is also required to show that the error of law or fact in relation to the proceedings or the award is floating on the surface, which cannot be ignored, and if it is left outstanding, it shall cause grave injustice or it shall violate any express provision of law or the law laid down by the Superior Courts.    President of Islamic Republic of Pakistan v. Syed Tasneem Hussain Naqvi and others 2004 SCMR 590; Muhammad Ramzan v. Additional District Judge, Multan and others 2005 SCMR 1542; Federation of Pakistan through Secretary, Ministry of Food, Islamabad and others v. Messrs Joint Venture Kocks K.G./RIST, PLD 2011 SC 506; Mian Corporation through Managing Partner v. Messrs Lever Brothers of Pakistan Ltd. through General States Manager, Karachi PLD 2006 SC 169; Ashfaq Ali Qureshi v. Municipal Corporation, Multan and another 1984 SCMR 597; S. G. Rayon Mills (Pvt.) Limited v. Fida Hussain and Associates 2002 CLC 353; Al-Abdullah Constructors (Pvt.) Ltd. v. Pakistan Water and Power Development Authority through Chief Engineer 2008 CLC 798; Friends Corporation v. Airport Development Agency and another 1997 CLC 626; Messrs Abdullah Traders through Partner Mukhtar Ahmed v. Trading Corporation of Pakistan Ltd. through Chairman, Attorney, Principal Officer and 2 ohers 1999…

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