Law: Recognition and Enforcement of (Arbitration Agreements and Foreign Arbitral Awards) Ordinance (XX of 2005)

Section: 3

(a) Recognition and Enforcement of (Arbitration Agreements and Foreign Arbitral Awards) Ordinance (XX of 2005)--Ss. 3 & 4---Arbitration Act (X of 1940), S.3---Arbitration (Protocol & Convention) Act (VI of 1937), S.3---Contract Act (IX of 1872), Ss. 20 & 56---United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. 1958---Discretion of Court under S.34, Arbitration Act, 1940 to stay or not to stay legal proceedings despite arbitration clause between the parties---Scope---Effect of Recognition and Enforcement of (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005, elucidated---Comparison of S.4(1) of the Recognition and Enforcement of (Arbitration Agreements and Foreign Awards) Ordinance, 2005 with S.34, Arbitration Act, 1940---Provision of S.4(2) of the Ordinance has taken away discretion of the court whether or not to stay the proceedings in terms of arbitration agreement, even on the ground of inconvenience etc. except where the arbitration agreement itself is null and void, inoperative or incapable of being performed---Principles. In terms of section 34 of the Arbitration Act, 1940 where any party to arbitration agreement or any person claiming under him commenced any legal proceedings against any other party to the agreement or person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or taking any other step in the proceedings, can apply to the court before which the proceedings are pending to stay the proceedings, and the court if satisfied that there is no sufficient reason why the matter should not be referred to in accordance with arbitration agreement, may make an order staying file proceedings. Discretion has been given under section 34 of Arbitration Act. 1940 to court to stay or not to stay legal proceedings that is to say that the proceedings, despite arbitration clause between the parties, court on its satisfaction that there was no satisfactory reason for making an arbitration and substantial miscarriage of justice would take place or inconvenience would be caused to the parties, if…

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