Law:

Section:

(a) Arbitration (Protocol and Convention) Act (VI of 1937) Ss.2(2) as added by Foreign Awards and Maintenance Orders Enforcement (Amendment) Ordinance (LIII of 1962), S.2) & 2(1)(c) Notification SRO 481(K) dated 20 4 1960 Enforcement of foreign award Scope Enactment of Foreign Awards and Maintenance Orders Enforcement (Amendment) Ordinance, 1962 was not violative of the Constitution and was promulgated under the authority of the Government of Pakistan Government of Pakistan had privilege/prerogative to decide as to whether the Award given in a particular foreign country is to be enforced in Pakistan or not, notwithstanding that the country in which the Award had been given had not made any reciprocal arrangement for the enforcement of Awards given in Pakistan as contemplated in S.2 of the Arbitration (Protocol and Convention) Act, 1937 Government of Pakistan having expressed its intention under S.2(2) of the Act (as amended), High Court would not decline to enforce the Award given in a foreign country Word "territory" used in S.2(2) referred to "country" which covered Conventions entered into or issued by Notification in British India and no further Notification was required in terms of S.2(1) (c) of the Act. Yangtze (London) Ltd. v. Barlas Bros. (Karachi) PLD 1961 SC 573 distinguished. PLD 1979 Kar. 762 and 1987 CLC 83 ref. (b) Arbitration (Protocol and Convention) Act (VI of 1937) -- Ss.7 & 2(2) Grain and Feed Trade Association (London) Rules, R.125 Arbitration proceedings could not be defeated merely on the ground that the arbitration had not taken place either in Germany or in Pakistan as no rule existed creating such a bar. (c) Trade Association (London) Arbitration Rules R.4:7 Arbitration Commercial dispute Public policy Grain and Feed Trade Association (London) Arbitration Rules, R.4:7 not allowing the parties to be represented through a Solicitor/ Barrister, was not against public policy. (d) Arbitration (Protocol and Convention) Act (VI of 1937) -- S. 7 Conditions for enforcement of Foreign Award High Court would only confine to examine the award within the provision of S.7(1) of the Act and the interference, if any, could only be warranted if…

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