SECTION-1Does not apply to matrimonial dispute. |
SECTION-1When Arbitration is resorted to under the Law of Quran, it is neither Arbitration under any agreement, nor under statute. |
SECTION-2(a)Arbitration Agreement must be in writing. No written agreement-no award can be passed. |
SECTION 2(a)Arbit Agreement can be inferred from correspondence No arbitration is matrimonial disputes because when arbitration resorted to under the Quran, it is neither arbitration under agreement nor under statute |
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SECTION 2(a)Arbitration agreement must be in writing. No written agreement – no award can be passed. |
SECTION 2(2)Value of subject matter of reference will determine jurisdiction of the court. |
SECTION 14(2), 17 & 20Objection not filed within time – party also took plea that no prior notice of arbitration proceedings was given by sole arbitrator – High Court did not consider objections being beyond period – High Court should have gone into merits of case on plea of no notice of arbitration, case was remanded. |
SECTION-17Whether objection petition was filed within time is not purely question of law, rather, it is a mixed question of law and fact. |
SECTION-26(A)Award to set out reasons. |
SECTION 30 & 33Award obtained by fraud can be challenged under Section 30 & 33 Arbitration Act and not under Section 12(2) CPC. |
SECTION-30Award not based on any evidence and clearly opposed to material on record award rightly set aside. |
SECTION-30, 31Court not to act as appellate court arbitrator being sole judge of fact. |
SECTION-32Arbitrator not bound by technicalities of CPC and Qanoon-e-Shahadat. Objects and scope of Section-30 & 33 discussed. Arbitrator to consider whether claim barred by time. |
SECTION-34Proceeding of the suit based on promissory note in a summary manner could not be stayed and referred to arbitration in terms of the agreement. |
SECTION 34 & 42 OF SPECIFIC RELIEF ACT (ARBITRATION ACT 1940)Admittedly there being an arbitration agreement, defendant could not invoke Section-34 without resorting to arbitration procedure – Arbitration clause was an independent agreement between the parties which could be invoked, if a dispute or difference had arisen between the parties, therefore, termination of agreement would not supersede it… Irrespective of non0existence of agreement, the arbitration clause survived and arbitrator had the power to resolve the dispute. |
