Law: Arbitration Act, 1940

Section: 34(4),3to20,37(4)

(a) Arbitration Act (X of 1940)---.--- ---.----S. 34(4)---.---Arbitration agreement---.---Fixed by time---.---Extension of time---.---Principle---.---Arbitration agreement fixing time during which reference may be made to arbitration is impliedly considered valid by S.34(4) of Arbitration Act, 1940---.---Court is vested with discretion to extend such time only in case if Court is of the opinion that in particular circumstances of the case undue hardship would otherwise be caused to parties due to expiration of time. Jam Khursheed Khan v. The Province of West Pakistan PLD 1973 Lah. 131 rel. (b) Arbitration Act (X of 1940)---.--- ---.----Chap. II, Ss. 3 to 19 & Chap. III, S.20---.---Reference to arbitration---.---Principle---.---Bar exists on invoking provisions of S.20 (Chap.III) of the Arbitration Act, 1940, when parties to arbitration agreement have invoked provisions of Chap. II (Ss. 3 to 19) of Arbitration Act, 1940. (c) Arbitration Act (X of 1940)---.--- ---.----Ss. 3 to 20 & 37(4)---.---Arbitration---.---Agreement fixed by time---.---Plaintiffs contended that parties had arbitration agreement between them and the matter be sent to arbitrator for decision---.---Validity---.---Agreement fixing time during which reference could be made to arbitration was impliedly considered valid by S.37(4) of Arbitration Act, 1940, which vested Court power to extend such time when it was of the view that some undue hardship was likely to be caused to parties by not extending same---.---Where agreement itself could not be acted upon having become inoperative due to invalidity, the Court was not entitled to appoint arbitrator of its own choice and substitute original agreement of parties---.---High Court declined to extend validity of arbitration agreement under S.37(4) of Arbitration Act, 1940, as circumstances did not warrant to do so nor any undue hardship would be caused to parties to arbitration agreement, who were pursuing their remedies in parallel legal proceedings which were more effective and expeditious---.---Suit was dismissed in circumstances. Safullah Khan v. Karachi Customs Agents Association 2011 YLR 202; Communication and Works Department v.…