Arbirator
Arbirator legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Award by arbitrator made rule of Court-Award not proved illegal or erroneous, held, cannot be set aside.-[Award].
Error in assessment if, however, apparent on record-Can be challenged Arbitrator not choosing to give any reasons-Held, one cannot in circumstances, simulate whether reasons weighing with umpire were good, bad or indifferent-Award cannot be set aside for that reason.
S. 9(b)-Appointment of sole arbitrator-H by notice in writing calling upon M to appoint its arbitrator and in came notice indicating also that if M failed to appoint its arbitrator within 15 days; person appointed by H would act as sole arbitrator-On failure of M to name its arbitrator within 15 days another notice given by H calling upon M to appoint his arbitrator within 48 hours -M again sitting silent whereupon H calling upon his arbitrator to act as sole arbitrator and the sole arbitrator in turn calling upon M to appear before him on a specified date -M remaining adamant and not co-operating
Held, there was, in circumstances, substantial compliance with provisions of S. 9(b) regarding notice and award given by Bolt arbitrator could not be set aside on ground of non-compliance with S. 9(b).
Arbirator -Building contract-Terms of reference including determination of every dispute between parties relating to contract -Arbitrator awarding a higher rate of payment to contractor than the rate set down in contract-Arbitrator does not act beyond his jurisdiction.
Appointment-Not invalidated by arbitrator's interest in dispute known to parties.
Arbirator -Bona fides of-Presumed, unless proved otherwise.
Arbirator Defendant changing his as many as 6 times before the two 'arbitrators entered upon reference-Defendant debarred from objecting to award on ground that his arbitrator after the first should have been appointed through intervention of Court.
Jurisdiction to act locking-Consent of party will not confer jurisdiction.
Misconduct-Precipitately filing award, whether amounts to. Precipitately filing the award in Court, after the giving of the award, could not amount to misconduct for the purpose of vitiating the award. The subsequent conduct of the arbitrator after the giving of the award is not relevant except in so far as it may throw light on the working of his mind earlier.
Judge of law and facts-Not bound by technical rules of procedure or Evidence Act-Misconduct, when ground for setting aside award.
"Arbirator", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/13353
Precedents & Case Laws citing "Arbirator"
1984 C L C 1585
MANZOOR HUSSAIN‑ — Petitioner Versus BOARD OF ARBITRATORS, MARKET COMMITTEE, KHANEWAL
Court: Lahore1989 M L D 2434
INTERNATIONAL AIRPORT AUTHORITY OF INDIA — Petitioner Versus K.D. BALI and another — Respondents
Court: Supreme Court of IndiaP L D 1980 Lahore 386
Mst. SUGHRAN MAI-Petitioner Versus THE STATE-Respondent
Court: -- Ss. 2(a), 10 & 16-Muhammadan Law-Marriage, validity of Attainment of puberty presumed at age of 15 years and Muslim girl becomes major either on completion of fifteenth year or on her attaining age of puberty earlier-Accused girl 141 years old at time of her marriage-Petitioner quite nearing age of 15 years, her statement regarding her having attained puberty to be given full credit particularly when her general appearance also confirming her statement-Petitioner's marriage, in circumstances; held, valid and marriage even if presumed to be irregular due to having been contracted by a sarir, same having been satisfied by petitioner after attaining puberty, defect of irregularity, if any, stood cured.-Muhammadan Law.