Law: Arbitration (Protocol and Convention) Act, 1937

Section: 2

  (a) Arbitration-Award-   Foreign award-Not enforceable in Pakistan-Arbitration (Protocol and Convention) Act (VI of 1937), S. 2-Pakistaw (being a new State) not deemed to be signatory of Protocol even if India was-England not notified by Pakistan as a power which has made reciprocal provisions re-arbitration.   Held, that an award made in England between a Pakistani firm and an English company was not enforceable in Pakistan Courts.   This result followed from section 2 of the Arbitration (Protocol and Convention) Act (VI of 1937).   Pakistan, being a new State, cannot be deemed to be a signatory of the Protocol merely because India was, and Pakistan was carved out of India.   Russell on Arbitration 1952 Edition and Hall's International Law ref.   Pakistan cannot become a signatory to the Protocol unless the other countries who were signatories are also prepared to accept Pakistan as such. The Arbitration (Protocol and Con vention) Act, 1937 is only a reciprocal arrangement as section 2 would show. It is only when the Central Government is satisfied that reciprocal arrangements have been made in another country that the name of that country will be notified as one whose awards are to be given effect under section 4.   Signatories of the Protocol have not yet entered into an agreement with Pakistan and there are no reciprocal laws in a such countries for enforcing Pakistani awards. Until there be similar arrangements in other countries who are signatories to the Protocol for endorsement of the awards which are made in Pakistan, the awards of those countries cannot be enforced in Pakistan. This is not only implied in the nature of legislation but is expressly provided for in section 2 which permits enforcement of awards of only those countries where reciprocal arrangements exist. At least there must exist legisla tion to the particular country whose award is to be enforced providing that Pakistani awards are to be enforced in that country. The corresponding provision giving effect to the Protocol in England is section 35 of the English Arbitration Act, 1950 under which Pakistan has not been notified as one of the…