Law:

Section:

(a) Arbitration Act (X of 1940)---.--- ---.----S. 34---.---Constitution of Pakistan (1973), Art. 185(3)---.---Leave to appeal was granted by the Supreme Court to consider the contentions that under S.34, Arbitration Act, 1940, the Trial Court being vested with the discretion to decline the stay of proceedings and discretion having been exercised by the Trial Court for cogent reasons, whether the High Court could have interfered with the same and that whether the arbitration clause authorizing the Managing Director of the respondent-Corporation as final Judge to interpret any clause of the agreement against which the appellant was debarred from having recourse either to arbitration or through Court of law, was against the law having the effect of debarring the appellant from seeking remedies in accordance with law. (b) Arbitration Act (X of 1940)---.--- ---.----Ss.2(a) & 34---.---Contract Act (IX of 1872), S.23---.---Arbitration agreement-¬Expression "arbitration agreement" within the contemplation of S.2(a), Arbitration Act, 1940 means a written agreement to submit present or future differences to arbitration whether an arbitrator is named therein or not--¬Terms employed in the arbitration clause expressly reflected mutual intention of the parties to resolve all the disputes concerning the implementation and execution of the contract through the nominated arbitrator jointly agreed upon without any duress or coercion---.---Mere fact that the chosen arbitrator happened to be the Chief Executive of the respondent-Corporation would not render the same illegal and against public policy---.---Consideration of facts and circumstances leading to the execution of contract between the parties and the phraseology employed in the arbitration clause of the agreement the agreement was not violative of principles of natural justice or the statute and thus was not void, invalid or of no legal effect. Lahore Stock Exchange Limited v. Fredrick J. Whyte Group PLD 1990 SC 48 and Director Housing, A.G.'s Branch v. Makhdum Consultants Engineers and Architects 1997 SCMR 988 ref. (c) Arbitration Act (X of 1940)---.--- ---.----S. 34---.---Constitution of Pakistan (1973),…

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