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36

Power of Court

Act: Arbitration Act 1940

Section Provisions

CHAPTER V THE ARBITRATION ACT, 1940 (X OF 1940) [11 March, 1940] An Act to consolidate and amend the law relating to Arbitration. WHERE it is expedient to consolidate and amend. the law relating to arbitration in Pakistan. It is hereby enacted as follows:‑ CHAPTER V GENERAL 36. Power of Court, where arbitration agreement is ordered not to apply to a particular difference, to order that a provision making an award a condition precedent to an action shall not apply to such difference. Where it is provided (whether in the arbitration agreement or otherwise) that an arbitration agreement shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the Court, if it orders (whether under this Act or any other law) that the agreement shall cease to have effect as regards any particular difference may further order that the said provision shall also cease to have effect as regards that difference.