Law:

Section:

(a) Arbitration Act (X of 1940)--- ----Ss. 20 & 34---Constitution of Pakistan (1973), Art.185(3)---Application to tile arbitration agreement in Court---Bilateral Investment Treaty---Leave to appeal was granted by the Supreme Court to consider, inter alia, the points as to whether the arbitration agreement between the parties was binding upon them notwithstanding the coming into force of the Bilateral Investment Treaty; whether the Trial Court was right in holding that the petitioner was not investor within the meaning of the said word as defined in the, Treaty and whether it had been rightly held, keeping in view the circumstances of the case, that the petitioner had waived its right to seek remedy before International Centre for Settlement of Investment Disputes. (b) Constitution of Pakistan (1973)--- ----Art. 175(2)---Treaty---If provisions of the Treaty were not incorporated into the laws of the country through legislation, such provisions would not have the effect of altering the existing laws, as such, rights arising therefrom, called treaty rights, could not be enforced through Court, as in such a situation, the Court was not vested with the power to do so---No Court had any jurisdiction unless conferred by or under any law or the Constitution---Treaty unless was incorporated into the law so that the same became part of Municipal laws of the country, no Court shall have the jurisdiction to enforce any right arising therefrom, Maclaine Watson & Co. Ltd. v. Department of Trade and Industry (1989) 3 All ER 523 ref. (c) International law---- ----Treaty---Legal status. Maclaine Watson & Co. Ltd. v. Department of Trade and Industry (1989) 3 All ER 523 ref. (d) Constitution of Pakistan (1973)--- ----Art. 97 & Fourth Sched., Part I, Item 3---Treaty---Parliament under Fourth Sched., Part I, Item 3 of the Constitution has the power to make laws in respect of treaties and agreements while by virtue of Art.97 of the Constitution; the Federal Government of Pakistan has the power to exercise .executive authority in respect thereof which is exercised to ratify the treaty, but it has not conferred power on the executive authority to legislate a statute.…

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