| Case ID |
0fd5964b-9302-430e-9442-354ff7169573 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.510-K of 199 |
| Decision Date |
May 26, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal, affirming the decision of the High Court which upheld the award of the Sole Arbitrator. The Court ruled that the appointment of the Sole Arbitrator was valid, as it was made with the consent of both parties. The petitioner's contention that the dispute could not be referred to the arbitrator was rejected, as the parties had clearly waived their rights by consenting to arbitration. The Court further emphasized that the communication of the disputed rates by the respondents was accepted by the petitioner, thus validating the arbitrator's findings. The judgment also clarified that interest could only be granted from the date of the award to the date of the decree, reinforcing the binding nature of the arbitrator's decision. |
| Summary |
This case revolves around a dispute between the Federation of Pakistan and Messrs Alfarooq Builders regarding contractual obligations under the Arbitration Act of 1940. The key legal issues pertained to the appointment of a sole arbitrator, the validity of the arbitration process, and the interpretation of contractual terms. The Supreme Court's decision underscored the importance of consent in arbitration and confirmed that once both parties agreed to refer their dispute to an arbitrator, they could not later contest that decision. The case highlights fundamental principles of contract law and arbitration, making it a significant reference point for future arbitration cases in Pakistan. Keywords: arbitration, contractual liability, Supreme Court of Pakistan, consent, dispute resolution. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
|
| Judges |
NAZIM HUSSAIN SIDDIQUI,
HAMID ALI MIRZA,
ABDUL HAMEED DOGAR
|
| Lawyers |
Akhtar Ail Mahmood,
K.A. Wahab,
Sami-ud-Din Sami,
Faizanul Haq
|
| Petitioners |
FEDERATION OF PAKISTAN,
CHAMBERS OF COMMERCE AND INDUSTRY
|
| Respondents |
Messrs ALFAROOQ BUILDERS,
BUILDERS AND CONTRACTORS
|
| Citations |
2001 SLD 1460,
2001 SCMR 1243
|
| Other Citations |
Not available
|
| Laws Involved |
Arbitration Act (X of 1940),
Constitution of Pakistan (1973)
|
| Sections |
20,
185(3)
|