Law: Arbitration Act (X of 1940)

Section: 3,35

(In an arbitration without intervention of the Court)  (a), S. 3 and Schd. I, S. 1- Arbitration Agreement silent on number of arbitrators and manner in which arbitrators to be appointed-r-Reference presumed to be made according to provisions of Schd. I-Matter referred to more than one Arbitrator-Award, inoperative.   Ordinarily parties have a right to fix the number of Arbitrators and to agree on the manner in which they will be appointed. But where the agreement is silent on this point the case will be governed by section 3 of the Arbitration Act, 1940 and the reference shall be presumed to have been intended to be made according to the provisions of Schedule. I of the Arbitration Act.- According to section 1 of this schedule unless otherwise provided, the reference shall be to a sole Arbitrator. Where, therefore, the agreement is silent on number of arbitrators and the matter is referred to more than one arbitrator, the award given by them would be without jurisdiction and inoperative.   (b) Arbitration Act (X of 1940)   S. 35-Notice-Whether must be one issued by Court in which suit is pending.   Section 35 of the Arbitration Act states only this much, that if the Arbitrators have notice of the fact that a suit between the parties in respect of the matter pending before them is also pending before a Court of law, then they must stop their hands unless the proceedings in the Court are stayed under section 34, of the Arbitration Act. Provision of section 35 of the Act nowhere states that such a notice should be issued by the Court concerned.   Date of hearing : 3rd and 4th December 1958.   JUDGMENT   This order will dispose of the objections of defendants Nos. 1 to 5 filed on the 6th of July 1957 against an award dated the 12tn of April 1957 filed in this Court by Mr. Gufran Ahmad and Khawaja Abdur Rahman, the Arbitrators.   Briefly, the facts out of which these objections have arisen are that defendants 2 to 5, who are carrying on business under the name of Messrs. Haji Muhammad Ibrahim & Sons are alleged to have entered into a partnership, in connection with a contract obtained for the construction of quarters…