Case Details

Citation(s)
2006 SLG 373 2006 SLD 373 2006 CLD 697
Sindh High Court
Suit No.272 of 2000, decision dated: 23rd January, 2006, hearing DATE : 13-12-2005
MRS. QAISER IQBAL, JUSTICE
Khalid Rehman for Plaintiff. Yousaf Moulvi for Defendant.

MESSRS FLAME MARITIME LIMITED

VS

MESSRS HASSAN ALI RICE EXPORT

Law:

Section:

Arbitration (Protocol and Convention) Act (VI of 1937)--Ss. 4, 5, 6 & 7---Foreign award, making rule of Court---Misconduct by arbitrator---Ex parte award---Appraisal of evidence by Court making award rule of the Court---Awarding interest on amount determined by arbitrator---Dispute was referred to arbitrator for determination on the basis of agreement of arbitration between the parties---Despite issuance of notices by arbitrator, defendants did not appear before him thus ex parte award was made by the arbitrator against defendants---Plea raised by defendants was that passing ex parte award was a misconduct and arbitrator granted the claim without taking into consideration the facts constituting the claim of plaintiff--Defendants also contended that awarding of interest on amount determined by arbitrator was against the injunctions of Islam---Validity---Contention of defendants that award was based upon misconduct on the part of arbitrator, as he had proceeded ex parte without affording him opportunity to contact, was not borne out from record---Ample evidence on record to suggest that defendants were duly served and all facts were taken into consideration before arriving at final conclusion by arbitral tribunal--Arbitrator as well as Swedish Club had left no stone unturned to apprise defendants to participate in arbitration proceedings---Arbitrator did not commit any misconduct by holding ex parte proceedings against defendants---Defendants failed to make out a case that Addendum was result of coercion and pressure on the part of plaintiffs---Award rendered by Arbitrator Tribunal constituted under the agreement was not challenged in appeal, therefore, it had attained finality and could not be questioned on factual aspects---Enforcement of interest in Pakistan was repugnant to the Injunctions of Islam, therefore, enforcement of interest as awarded would be against the law prevailing in Pakistan---Award had become final in England where it was made enforceable under the provisions of Arbitration (Protocol and Convention) Act, 1937---Defendants failed to make out any ground to nullify the award---Objections raised by defendants were rejected---Award was made…
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