Law:

Section:

(a) Arbitration Act (X of 1940)---------S. 20---Limitation Act (IX of 190R), Arts.178 & 181---Application for making award rule of the Court---Applicability of provisions of Limitation Act, 1908--Where application for making award rule of the Court was directly filed, without intervention of the arbitrator, provision of Art.181 and not 178 of Limitation Act, 1908 would be attracted. Muhammad Shaft v. Muhammad Sabir PLD 1960 (W.P.) Lah. 591 rel. (b) Arbitration Act (X of 1940)--- ----S. 4---Qanun-e-Shahadat (10 of 1984), Arts.75 & 79---Arbitration agreement---Proof---Both the arbitrators had testified to the genuineness of agreement and the award---Execution of agreement to refer dispute to arbitrators was not denied---Such an agreement and award stood proved. (c) Arbitration Act (X of 1940)--- ----S 17---hidgment in terms of award---Duty of Court---Before making an award rule of the Court and pronouncing in the terms of award under S.17 of Arbitration Act, 1940, it was the duty of Court to see that there was no cause to remit award for re-consideration or to set it aside---Such a power however, could be exercised suo motu. Deep Narain Singh and others v. Mst. Dhaneshwari and others AIR 1960 Pat. 201; Brooke Bond (Pakistani Ltd. v. Conciliator appointed by the Government of Sindh and 6 others PLD 1977 SC 237; Messrs Nawab Brothers Ltd. v. Project Director, Office of the Project Director, Special Projects, Planning and Development Department, Karachi and another 1981 CLC 638 and Abdul Khaliq v. Province of East Pakistan and another PLD 1964 Dacca 166 rel. (d) Arbitration Act (X of 1940)------- ----S. 4---Contract Act (IX of 1872), S.29---Arbitration agreement---Uncertain terms in such agreement---Effect---Where terms of arbitration agreement were not certain, like all other agreements, such agreement would also be void under S.29 of Contract Act, 1872. (e) Arbitration Act (X of 1940)--- ----S. 26-A---Non-mentioning of reasons for award---Consequence---Arbitrator has to give reasons for award in sufficient details to enable the Court to consider any question of law arising out of such award---Where no such reasons were given, the award would be remitted to…

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