Law:

Section:

(a) Arbitration (Protocol and Convention) Act (VI of 1937)--S.2(2) [as added by Foreign Awards and Maintenance Orders Enforcement (Amendment) Ordinance (LIII of 1962), S.2]---Enforcement of foreign award---Scope---Provision of S.2(2) of the Act provided that arty notification issued under S.2 of the Arbitration (Protocol and Convention) Act, 1937 by late Government of India before the 15th day of August, 1947 and in force on that day for the purpose of enforcement of foreign awards in British India, declaring any power to be a party to the said Convention or any territory to be the territory to which the Convention applied, shall be deemed to be a notification issued by the Federal Government for the purpose of enforcement of foreign awards in Pakistan. Nan Fung Textiles Ltd. v. H. Pir Muhammad Shamsuddin PLD 1979 Kar.762 and Cogetex S.A. v. Mayfair Spinning Mills Ltd. 2004 CLD 1023 fol. (b) Carriage of Goods by Sea Act (British) 1971--- ----Sched., Art.III, R.6 & Art.IV, R.1---Scope and application of Art.III, R.6 & Art.IV, R.1 of the Schedule of Carriage of Goods by Sea Act, 1971 (British). (c) Arbitration (Protocol and Convention) Act (VI of 1937)--- ----Ss. 8 & 7---Enforcement of foreign award---Evidence---Party seeking to get the award enforced had either to produce the original award or authenticated copy of the award in the manner as provided in S.8 of Arbitration (Protocol and Convention) Act, 1937---Plaintiff, in the present case, had filed the original award and only objection raised was that the plaintiff had not filed the authenticated copy of the award---Validity---Held, provisions of S.8, Arbitration (Protocol and Convention) Act, 1937 provided for producing either the original award or its authenticated copy---Plaintiff by producing the original award, had fulfilled the condition laid down in S.8 of the Act. (d) Arbitration (Protocol and Convention) Act (VI of 1937)--- ----Ss. 8 & 7---Enforcement of foreign award---Defendant had contended that the Arbitrator had no jurisdiction and that award was contrary to the law and public policy in Pakistan and that the Arbitrator was guilty of misconduct---Validity---Defendant, in the first…

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