Law: Arbitration (Protocol and Convention) Act, 1937

Section: 5,7,8

(a) Arbitration (Protocol and Convention) Act (VI of 1937)--Ss. 5, 7 & 8 Convention on the Execution of Foreign Arbitral Award, Art. 4 Sindh Chief Court Rules (O.S.), R.297 Foreign award Enforcement Requirements Provision of 8.297 of the Sindh Chief Court Rules is in line with the provisions of Ss. 7 & 8 of the Arbitration (Protocol and Convention) Act, 1937, and so also in conformity with Art.4 of the Convention on the Execution of Foreign Arbitral Award appended as Second Schedule to the Arbitration (Protocol and Convention) Act, 1937 With necessary modifications, the provisions of Art. 4 of the Convention on the Execution of Foreign Arbitral Award has been translated into S.8 of the Arbitration (Protocol and Convention) Act, 1937 Requirements that are to be met and fulfilled by a person seeking enforcement of a foreign award have been laid down in R.297 of the Sindh Chief Court Rules in a composite manner Where application under S.5 of the Arbitration (Protocol and Convention) Act, 1937, is deficient in any material particulars, under the provisions of R.297(2) of the Sindh Chief Court Rules, the application is to be returned to the applicant for removing the deficiency within such time as may be allowed by the Court. (b) Arbitration (Protocol and Convention) Act (VI of 1937) S. 7 Foreign award Enforcement Pre conditions ¬Merely filing of award in Court does not entitle a party to a and decree according to the award Applicant is required to satisfy the Court, that, the award, sought to be enforced as per S.7 of the Arbitration (Protocol and Convention) Act, 1973, qualifies the conditions, viz. that it was made in pursuance of an agreement of arbitration which was valid under the law by which it was governed; that it was made by the Tribunal provided for in the agreement or constituted in manner agreed upon by the parties; that it was made in conformity with the law governing the arbitration procedure: that it had become final in the country in which it was made; that it must be in respect of a matter which may lawfully be referred to arbitration under the law of Pakistan; and that enforcement thereof, must not be contrary to the public policy or the…

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