Law:

Section:

(a) Arbitration Act (X of 1940)-------S. 2(a)---Arbitration agreement---Necessary requirements--­Arbitration agreement under S.2(a) of the Arbitration Act, 1940, is required to be in writing and may be contained in one or more documents. (b) Arbitration Act (X of 1940)--- ----Ss. 2(a), 33 & 34---Arbitration agreement---Conditions mentioned in the agreement--- Stay of proceedings before Civil Court---Contract of construction was awarded by defendants to the plaintiffs---Dispute arose between the parties regarding the contract and the matter was referred to the consultant as it was settled between the parties in the agreement--­Consultant gave a decision in favour of the plaintiffs which was not challenged in the time period mentioned hr the agreement---Plaintiffs filed suit for recovery of their amount and filed application under S.33 of the Arbitration Act, 1940, while the defendants sought stay of proceedings under S.34 of the Arbitration Act, 1940, and wanted to invoke the arbitration clause mentioned in the agreement---Documents were prepared by the defendants and they themselves incorporated the condition of prior reference of the claim to the consultant and agreed to treat the decision as final in case it was not challenged within a period of 28 days---Effect---Where there was a pre-condition contained in the arbitration clause, the same was binding upon the parties---Parties were not allowed to turn around and disown the conditions laid down by them which had been-relied and acted upon---High Court declined to allow invoking of arbitration clause in circumstances---Both the applications filed by the parties were dismissed. Pakistan International Airlines Corporation v. Messrs Pak Saaf Dry Cleaner PLD 1981 SC 553; B.R. Harman and Motatta Ltd. v. Ghee, Corporation of Pakistan Ltd. PLD 1980 Kar. 40; Ahmed Construction v. Neptune Textile Mills and another PLD 1990 Kar. 216 and Mst. Shamim Akhtar v. Najma Baqai and 3 others 1977 SCMR 409 ref. ORDER C.M.A. No.5592 of 2001 Adjourned. To be heard after orders on applications at Serial Nos.2 and 3 as already ordered on 22-8-2001. C.M.As. Nos.6203 and 7512 of 2001 By order dated 6-11-2001 the parties were…

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