Law: Arbitration Act, 1940

Section: 9

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Arbitration Act (X of 1940)-­   ---S.9--Constitution of Pakistan (1973) Art.185(3)--Leave to appeal granted in view of the law to the effect that an aggrieved party after having raised objection to the jurisdiction of an Arbitrator was not bound to retire from the proceedings and by mere participation in the proceedings after such objection, such party would not ,lose the right to object to the award on the same ground.--[ Award].   (b) Arbitration Act (X of 1940)--   ---S.9--Arbitrator, appointment of--Invalid appointment of an arbitrator renders the award invalid--Exceptions.--[ Award].   The appointment of Arbitrator or Arbitrators is normally governed by the provisions contained in the agreement of parties, subject only to certain provisions which are implied by the Act where the parties do not agree otherwise. However, the question of invalid appointment of Arbitrator as a ground for rendering the award invalid is subject to certain well-settled principles. Two of these principles may be stated as under: -   (1) If the parties to the reference either agree beforehand to the method of appointment, or afterwards acquiesce in the appointment made, with full knowledge of all the circumstances, they will be precluded from objecting to such appointment as invalidating subsequent proceedings. Attending and taking part in the proceedings with full knowledge of the relevant fact will amount to such acquiescence.   (2) And acquiescence by the solicitor or agent of a party who is conducting the reference on his behalf will bind that party as much as his own personal acquiescence would.   M/s. Oil Gas Development Corporation v. M/s. Karachi Builders 1978 SCMR 278 distinguished.   Russell on Arbitration, 19th Edition ref.   (c) Arbitration Act (X of 1940)--   ---S.2--Deviation from the manner of appointment of an Arbitrator or an Umpire, would not ipso facto be a question of inherent lack of jurisdiction.   (d) Arbitration Act (X of 1940)--   ---S.2 (1)--Valid arbitration agreement--Essential requirements.   The essential requirements for a valid arbitration agreement under section 2(a) of the…

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