Law:

Section:

Arbitration Act (X of 1940)-----------Ss. 14, 17 & 30---Award, setting aside of---Jurisdiction of court--Scope---Arbitrator being final judge on questions of law and fact his decision is entitled to utmost respect and weight, unless misconduct was alleged and proved against him to the satisfaction of court---Court, while examining validity of award, would not act as court of appeal---Not open to court to reappraise evidence recorded by arbitrator in order to discover error or infirmity in award---Possibility of different view could not be made a ground to disturb award---Principles. Arbitrator acts in a quasi-judicial manner and his decision is entitled to utmost respect and weight, unless the misconduct is not only proved, but also proved against him to the satisfaction of the court. The arbitration award however, may be discarded, if the findings are contrary to law and the material on record. While examining the award, the court does not sit in appeal over the award and has to satisfy itself that the award does not run counter to the settled principles of law and the material available on record. Indeed, arbitrator is final judge on the questions of law and facts and it is not open to a party to challenge the decision, if it is otherwise valid. If an arbitrator has made an award in terms of the submissions made before him, no adverse inference can be drawn against him. An award cannot be lawfully disturbed on the premise that a different view was possible, if the facts were appreciated from a different angle. The court while examining the correctness and legality of award does not act as a court of appeal and cannot undertake reappraisal of evidence recorded by arbitrator in order to discover the error or infirmity in the award. Pakistan Steel Mills Corporation v. Mustafa Sons (Pvt.) Ltd. PLD 2003 SC 301 rel. JUDGMENT RANA BHAGWANDAS, J.---Petitioner seeks leave to appeal against Sindh High Court judgment dated 23-1-2004 dismissing its objections to the arbitration award made by Mr. Justice (Retd.) G.H. Malik to whom the dispute was referred by the High Court in Suit No.875 of 2000. 2. Petitioner being the sole distribution agent of the…

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