Law: Arbitration Act, 1940

Section: 8

(a) Arbitration Act (X of 1940)--- ----S. 8---Umpire, role of---Principle---Role of umpire comes into play only when arbitrators differ. (b) Arbitration Act (X of 1940)--- ----Ss. 8(2), 14(2), 30 & 34---Civil Procedure Code (V of 1908), O.VIII, R. 5---Carriage of goods by sea---Award---Objections---Proof---Admitted facts---Effect---Parties entered into contract of Affreighment, whereby plaintiff / claimant was to bring coal under the terms of carriage and the same was to be delivered to defendant company/respondent---Dispute had arisen between the parties and matter was referred to Umpire who announced his award and the same was filed in Court for making the same rule of the Court---Defendant/respondent filed objections and sought setting aside of the same---Validity---Contentions of defendant/respondent were dealt with by the Umpire, who considered that 8 shipments were delivered and on the contrary there was an admission on the part of respondent as to the quantities discharged---Claimant was not required to prove the quantities discharged in the light of O. VIII, R. 5, C.P.C. and the only point remaining unresolved in respect of the consignments was as to the 10% balance freight remaining unpaid---Applicability or non-applicability of foreign law was not of any particular consequence as regards the conclusion reached---Relevant clause of Contract of Affreighment dealt with liability for the cargo and not the freight---Payment of freight could not be avoided as it was the underlying consideration for the carriage of goods by sea---High Court set aside objections raised by defendant / respondent as there was no patent error of any material nature underpinning the award and it was made rule of the Court---Application was allowed in circumstances. A. Z. Company Karachi v. Government of Pakistan and others PLD 1973 SC 311 and Gerry's International (Pvt.) Ltd v. Aeroflot Russian International Airlines 2018 SCMR 662 ref. JUDGMENT YOUSUF ALI SAYEED, J.---This Suit stems from an Award pronounced on 08.04.2017 by Mr. Justice (Retd.) Muhammad Ather Saeed, upon a referral of the matter to him by this Court as an Umpire, following the divergent Awards made by the…

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