3
Stay of proceedings in respect of matters to be refered to arbitration
Act: Arbitration (Protocol and Convention) Act 1937
Section Provisions
THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937. ACT No. VI of 1937 [4th March, 1937] An Act to make certain further provisions respecting the law of arbitration in Pakistan. 3. Stay of proceedings in respect of matters to be refered to arbitration---- Notwithstanding anything contained in the Arbitration Act, 1940, or in the Code of Civil Procedure, 1908, if any party to a submission made in pursuance of an agreement to which the Protocol set forth in the First Schedule as modified by the reserva tion subject to which it was signed by India applies, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission or any person claiming through or under him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance and before filing a written statement or taking any other steps in the proceedings, apply to the Court to stay the proceedings ; and the Court, unless satisfied that the agree ment or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make and order staying the proceedings.