Arbitration Proceeding

2021 CLC 2080 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S.4Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2Suit for declaration and injunctionInterim injunction, grant ofArbitration proceedings

Plaintiff was aggrieved of termination of its appointment of General Sales Agent for Cargo sales in Pakistan by Defendant company

Validity

No relationship or agreement between plaintiff and defendant company existed after 8-9-2020, whereas plaintiff's claim was that defendant company had extended period of agreement for six months from 9-9-2020 to 8-3-2021

Covid-19 situation all over the world was referred to in repeated exchange of emails between plaintiff and defendant company with reference to agreement

Referring the matter to arbitrator and to stop proceeding of suit would be a futile exercise

Defendant company had already entered into a fresh agreement with another company whereby that agreement would be governed by and construed in accordance with laws of Pakistan

For the extension of agreement from 9-9-2020 to 8-3-2021 the instance of defendant was to refer the matter to arbitrator

Email of defendant company produced on record, contained that any contract exceeding five years was to go through tender process

Plaintiff sought extension only for a period of six months for which no permission of Board in terms of email in question was required

High Court declined to refer the matter to arbitration and interim injunction was passed

Application was allowed accordingly.

2012 CLD 1166 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

S. 14Civil Procedure Code (V of 1908), O. VII, R.2 & O.XLVII, R.1Limitation Act (IX of 1908), Arts.158 & 178Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.42Azad Jammu and Kashmir Supreme Court Rules, O. XLVIReview of Supreme Court judgmentMoney suitArbitration proceedingsObjection to report/award of the ArbitratorLimitation

Parties having agreed for appointment of an arbitrator, Trial Court appointed arbitrator who filed report in presence of the parties

None of the parties filed objection on the report submitted by the arbitrator with stipulated period of 30 days

Later on after about 2-1/2 months, plaintiffs filed objection to the said report and prayed for setting aside the award

Court rejected the objection which was filed beyond the period of limitation and passed decree in terms of award submitted by the arbitrator

Feeling aggrieved from the judgment and decree of the Trial Court, the plaintiff filed appeal in High Court

High Court modified the judgment and decree of the Trial Court to the extent of finding regarding overpayment to the plaintiff, and rest of the judgment and decree was upheld

Appeal filed before the Supreme Court having been dismissed the plaintiff had filed review petition

Award/report having been submitted by the arbitrator in presence of counsel for the parties, written notice was not the requirement of law

Plaintiff having failed to point out any error apparent on the face of record in the judgment under review, no case for review was made out

Review petition was dismissed by the Supreme Court in circumstances.

1955 PLD 242 SINDH-CHIEF-COURT Judicial Precedent

Arbitration Proceeding Objections against, must be raised at the earliest possible time without waiting for the award to go against party-Objections on the scope of lack of opportunity to adduce evidence raised before Court-Not uphled.