Law: Arbitration Act, 1940

Section: Rules 2, 4 5, 14, 20, 39, 161

Arbitration Act, 1940 (IX of 1940)--

----Ss. 4, 14, 20, 39 & 161--Contract was awarded--Inordinate delay--Disputed order--Settlement failed--Application for arbitration--Matter referred to arbitrat--Award served--Appeal--Allowed--The umpire can only take cognizance in matter if there are circumstances provided under Rule 4, which, inter alia, includes that both arbitrators could not agree on a particular issue--An umpire could not be called upon to act under Rule 5 if circumstances as provided under Rule 4 did not arise--The order of trial Court remitting award to Umpire was patently illegal and entire edifice built upon said order had to crumble to ground being coram non judice and against letter and spirit of section 16 of Act read with First Schedule of Act--Appeal allowed.

 

ORDER

The instant appeal filed under Section 39 of the Arbitration Act, 1940 (“Act”) challenges the order of the learned Civil Judge-XXIII, Peshawar, dated 13.01.2023, whereby the award made by the Umpire on 28.10.2021 and 06.10.2022 was made rule of Court.