Law: Arbitration Act, 1940

Section: 17, 18 ,39 (vi)

(a)    Arbitration Act (X of 1940)-------S. 18---Arbitration proceedings---Question of law---Scope---Expression "question of law" includes conclusion of fact drawn from facts proven in arbitration---Legal effect of conclusion of fact is a question of law.Hodgkinson v. Fernie (1857) 3 C.B. (N.S.) 189 fol.(b)    Arbitration Act (X of 1940)-------Ss. 17, 18 & 39 (vi)---Arbitration award---Rule of Court---Appellant / employer hired services of respondent / consultant and entered into contract titled 'Design Consultancy Service-Architecture, Interior and Specialty Design for 5 Star Movenpic Hotel, Centaurus Islamabad'---Dispute had arisen between the parties regarding right of respondent / consultant to invoice reimbursable expenses--Objections to award filed by appellant / employer were rejected by Trial Court and award was made rule of Court---Validity---It was not explained in award that, in absence of express words, how was it a valid construction of Schedule 4 to the Contract, read as a whole that appellant / employer agreed to pay for detailed drawings regardless of whether they were indeed final (i.e., useable for the project) or were mere garbage---In absence of express words to the contrary in Sched. 4 to the Contract, reasons for depriving appellant / employer of its final say in acceptability of work-products were absent in award---Out of two alternatives of respondent / consultant giving customary warranty of fitness for purpose versus appellant's / employer's right to reject deliverables and not pay final one-third of the Contract price for relevant phase, parties agreed on the latter in Sched. 4 to the Contract, but award did not expound such bargain of parties---Award did not give sufficient reasons for not reading Sched. 4 of the Contract as a whole nor how the applicable stage for payment under relevant phase had been accomplished without appellant's / employer's approval of final drawings---Appeal was precluded under S. 17 of Arbitration Act, 1940 from a decree but when the very award on which that decree rested was revisited (by setting aside, modifying or remitting the award) by Appellate Court under…

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