Law: Arbitration Act, 1940

Section: 20,5,12

(a) Arbitration Act (X of 1940)--- ----Ss. 20, 5 12---Application to file in court arbitration agreement---Authority of appointed arbitrator or umpire irrevocable except by leave of court---Power of court where arbitrator is removed or his authority revoked---Scope---Court shall make an order of reference to the arbitrator, named by the parties either in the arbitration agreement or in an arbitration clause of a contract---Until the authority of an appointed arbitrator has not been revoked with leave of the Court under S. 5 of the Arbitration Act, 1940, and/or where an appointed arbitrator has not been removed by the Court under S. 12(2) of the Arbitration Act, 1940, a duly named arbitrator cannot be substituted by the Court in proceedings under S. 20 of the Arbitration Act, 1940. Dar Okaz Printing and Publishing Limited Liability Company v. Printing Corporation of Pakistan Private Limited PLD 2003 SC 808; Mst. Surriya Rehman through Attorney v. Siemens Pakistan Engineering Company Ltd. PLD 2011 Kar. 571 and Pakistan Trading Company v. M.M. Isphani, Ltd. and another PLD 1960 Dacca 81 rel. (b) Arbitration Act (X of 1940)--- ----Ss. 20, 5 12---Application to file in court arbitration agreement---Authority of appointed arbitrator or umpire irrevocable except by leave of court---Power of court where arbitrator is removed or his authority revoked---Scope---Unless an arbitrator is not removed by the Court on the application of any party to a reference, a Court cannot remove or substitute an appointed arbitrator. (c) Arbitration Act (X of 1940)--- ----Ss. 8 12---Power of court to appoint arbitrator or umpire---Power of court where arbitrator is removed or his authority revoked---Scope---Unless an arbitrator fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award, an appointed arbitrator cannot be removed or substituted---Likewise an arbitrator may be substituted and Court may appoint a new arbitrator where an appointed arbitrator neglects or refuse to act or is incapable of acting or dies---New arbitrator can be appointed by the Court on the application of a party made under subsection (2) of S. 8 S. 12 of the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492