Law:

Section:

Arbitration Act (X of 1940) --------- ----------Ss.3, 16, 26-A & 30 [as inserted by Arbitration (Amendment) Ordinance (XV of 1981)] --------- Law Reforms Ordinance (XII of 1972), S. 3 --------- Arbitration --------- Intra-court appeal --------- Objection to award --------- Remission of case --------- Reasons not stated --------- Parties referred their dispute to arbitrator who unanimously appointed umpire and a unanimous award was given --------- Arbitrators filed the award in court and despite objections filed by appellant, single Judge of High Court made it rule of the Court --------- Appellant sought dismissal of award on the plea that arbitrators did not give reasons of award and after their death parties were not willing to appoint new arbitrator --------- Validity --------- Case fell under S. 16 (1)(c) of Arbitration Act, 1940, as objection raised by appellant to legality of award that it lacked reasons was apparent on the face of it --------- Such objection was also accepted by High Court when the matter was remitted to surviving arbitrator for reasons in sufficient details which order was upheld by Supreme Court --------- Surviving arbitrator failed to reconsider the award and to submit his decision and reasons in sufficient details within the stipulated period --------- Such award had become void under S. 16(3) of Arbitration Act, 1940 --------- Arbitration agreement between parties ceased to have effect with respect to dispute referred thereunder and such reference was liable to be superseded under S. 19 of Arbitration Act, 1940 --------- Parties were unwilling to appoint new arbitrators and the award could not be remitted to any other arbitrator --------- Award had become void and arbitration agreement between parties could not be given effect to and the same had become frustrated --------- Reference was superseded under S. 19 of Arbitration Act, 1940 and the arbitration agreement ceased to have effect with respect to differences/dispute referred in pursuance thereof to arbitrators and umpire --------- Division Bench of High Court set aside and decree passed by single Judge of High Court resultantly award was set aside --------- Appeal was…

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