Law: Arbitration Act (X of 1940)

Section: 20

Arbitration Act (X of 1940)- Preamble---Scheme of Arbitration Acf, ,1 `40---Object---Scope and import---Whole scheme of Arbitration Act, 1940, is to curtail litigation in regular Courts to get disputes settled by avoiding ,all types of technicalities of procedural law but within the four corners of substantive law and to provide a domestic forum for speedy disposal of disputes. [pp. '292, 294) A & E Constitution of Pakistan (1973)--- ----Arts. 178 & 194---Oath of a Judge ---Implication---t.7ath of a Judge implies complete submission to the Constitution aid under the Constitution to the law although the Constitution, by declaring that all authority exercisable by the people is a sacred trust from Almighty Allah,, makes it plain that justice is of divine origin which connotes full implementation of high principles which are woven into the Constitution as well as the universal requirements of natural justice: --[Natural justice, principles of]. [p. 292] B Sikandar A. Karim v The State 1995 S C M R 387; PLD 1995 Kar. 73 and PLD 1994 SC 885 rel. Arbitration Act (X of 1940)--- ----S. 20---Application to Court for referring dispute to arbitration in terms of arbitration agreement which contained the provision that if parties were not satisfied by the specified person's decision, he must be notified of their claim to arbitration within specified time, failing which his decision would become final---No such intimation was addressed to the person named in the agreement---Application under S.20, Arbitration Act, 1940 fled in Court before the expiry of specified period of the decision of the named person (in the arbitration agreement) would meet requirement of such terms of agreement. [pp. 293, 294] C & D l AIR 1965 All. 269; PLD 1580 Lah. 305; AIR 1943 Lah. 295; PLD 1977 ' Kar. 21 and AIR 1957 J&K 27 ref. , Arbitration Act (X of 1940)---   ----S. 20---Plaintiff s application for referring dispute to arbitration was accepted---Defendant was directed to file arbitration agreement so that disputes between, parties could be referred to arbitration for adjudication-- Parties were allowed one month time to submit name of arbitrator by consent…