Law: Arbitration Act, 1940

Section: 34

Law: Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2011

Section: 4

Law: Civil Procedure Code (V of 1908)

Section: 151

Arbitration Act (X of 1940)---- ----S.34---Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011), S.4---Civil Procedure Code (V of 1908), S.151---Stay of proceedings in a suit in presence of an arbitration agreement between parties---Adjudication of an application under S.34 of the Arbitration Act, 1940---Exercise of discretion by the court---Arbitration agreements for international arbitration as per ICSID or ICC Rules---Inherent powers of civil court---Scope---Discretion under S.34 of Arbitration Act, 1940 must be exercised judicially and court must take into consideration entire facts and circumstances of a case as well as conduct of the parties up to date of hearing of such application for stay of proceedings---Contradictory positions taken by a party could disentitle such party from such discretionary relief under S.34 of Arbitration Act, 1940 ---Arbitration agreement, if same provided for disputes to be referred for international arbitration, did not prevent a party from seeking stay of legal proceedings and mere fact that a civil court stayed proceedings under S.34 of Arbitration Act, 1940; did not imply that arbitration proceedings between parties should only be in accordance with provisions of Arbitration Act, 1940 and not per ICISD or ICC Rules---Court, in such a case, also had ample jurisdiction to treat an application for stay under S.34 of Arbitration Act, 1934, as having been made under S.4 of Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 under which section, power to stay proceedings was not discretionary---Where it was not certain that ensuing arbitration proceedings under an arbitration agreement would be foreign or domestic arbitration, and legal proceedings had been brought by a party to such an agreement, then court could treat an application for seeking stay of such proceedings as an application under S.151, C.P.C. Muhammad Farooq v. Nazir Ahmad and others PLD 2006 SC 196; Infospan (Private) Limited v. Messrs Telecom Foundation 2017 CLC 131 and Muhammad Ilyas Khokhar v. Ihsanllahi Mughal 2000 CLC 206 ref. Mst. Safia Bibi v. Mst. Aisha Bibi 1982 SCMR…

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