Law: Arbitration Act, 1940

Section: 20, 21, 33 , 17

P L D 1995 Lahore 205 Civil Miscellaneous No.346 of 1993 and Writ Petition No.5268 of 1992, decided on 30th January, 1995. Per Munir A. Shaikh, Malik Muhammad Qayyum, Mian Ghulam Ahmad, Ch. Khurshid Ahmad and Muhammad Asif Jan, JJ. agreeing-- Arbitration Act (X of 1940)--- ----Ss. 20, 21, 33 & 17---Three modes of arbitration viz. arbitration with intervention of Court where there was no suit pending; arbitration in suit pending before Court; and arbitration without intervention of Court, outlined and illustrated. According to the scheme of the Arbitration Act, 1940 there are three modes of Arbitration, which are as under:-- Arbitration with the intervention of the Court where there is no suit pending (section 20). Arbitration in a suit pending before a Court (section 21). Arbitration without the intervention of the Court. In cases of the first category the parties to an Arbitration agreement may apply to the Court under section 20 of the Arbitration Act having jurisdiction in the matter to which the agreement relates for filing the agreement in the Court in which the Court may make an order of reference to the Arbitrator. In the case of Arbitration in pending suit the parties interested may approach the Court where the civil suit is pending for an order of reference to the Arbitrator. In the third category of cases the parties may themselves agree to refer the matter to an Arbitrator and to this kind of Arbitration Chapter Second of the Arbitration Act has been made applicable. In case any dispute arises as regards appointment of arbitrator between the parties to an agreement or failure of the appointed Arbitrator to enter upon   reference or any of the parties to appoint its Arbitrator or failure of the Arbitrators to appoint umpire as the case may be the Court would intervene on an application by any of the parties to make an order in respect thereto. In case of any dispute as regards existence or legality of an Arbitration agreement or the Award, the same is to be decided by the Court under section 33 of the Arbitration Act and validity of the award could be challenged on any of the grounds mentioned in section 30 thereof. The Court has the…