Law: Arbitration Act, 1940

Section: 2(a),34

(a) Arbitration Act (X of 1940)--- ----S. 2(a)---Arbitration agreement---Nature and concept---Scope---Arbitration is that category of dispute resolution process where the parties make a voluntary choice to have their disputes resolved by an arbitrator rather than through the courts---Arbitration is the submission of a dispute to be decided by a third person---Mechanism for selection of the arbitrator is invariably mentioned in the arbitration clause---Either the parties agree to nominate and appoint an arbitrator or the arbitrator is named in the agreement---Parties may even agree to name an Authority or person from amongst their own officers/officials, and this would not render such an arbitration agreement illegal or against public policy. Dar Okaz Printing and Publishing Ltd. Liability Company v. Printing Corporation of Pakistan (Pvt.) Ltd. PLD 2003 SC 808 rel. (b) Arbitration Act (X of 1940)--- ----S. 2(a)---'Arbitration' and 'mediation'---Distinction---Mediation merely endeavours to facilitate the settling of disputes between the parties through the tools of mediation while the arbitration, decide the dispute after holding an inquiry and the parties accept the decision of their chosen person as binding upon them. Ch. Muhammad Saleem v. Muhammad Akram and others PLD 1971 SC 516 rel. (c) Arbitration Act (X of 1940)--- ----S. 2(a)---Arbitration agreement---Intention of parties---Scope---Intention of the parties has to be gathered from the language used in the written agreement---Court has to be satisfied that the parties have intended to settle or resolve the dispute through arbitration, i.e. through a person, who, after conducting an inquiry, will give a decision and the same shall be binding on them---Court, in such an eventuality would give effect to said clause as an "arbitration agreement" despite the fact that it may not contain expression as 'arbitration', 'arbitrator' or 'arbitration agreement'. The Province of the Punjab v. Messrs Irfan & Co. PLD 1956 (W.P.) Lah. 442; Governor-General in Council v. Simla Banking and Industrial Co. Ltd. New Delhi and another AIR (34) 1947 Lahore 215; Shaikh Muhammad Umer v. Zakaria Adamjee Charitable Corporation…

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