| Case ID |
44fcaf28-8b63-4124-bd46-a49c4e475fa3 |
| Body |
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| Case Number |
F.A.O. No. 191 of 1994 |
| Decision Date |
Dec 09, 2003 |
| Hearing Date |
Dec 09, 2003 |
| Decision |
The appeal was dismissed with no order as to costs. The court found that the trial court's decision to make the award rule of the Court was justified. It emphasized that the opinion of the arbitrator cannot be substituted by the civil court unless legal misconduct is proven. The court highlighted that the role of the court under the Arbitration Act is supervisory, not appellate. The arbitrators had provided full opportunities for evidence production, and the claim of the respondent was deemed less than what was actually entitled under law. The court upheld the award of interest as justified under the law, reinforcing the principles of justice in the administration of claims. |
| Summary |
This case involves the Lahore Development Authority as the appellant against Faisal International Construction Corporation Ltd. regarding an arbitration award under the Arbitration Act, 1940. The court addressed issues related to the supervisory role of the court over arbitration decisions, emphasizing that the arbitrator's award could not simply be overturned without evidence of misconduct. The court reaffirmed the importance of adhering to the principles of justice in awarding interests and evaluating claims. The decision highlights the complexities of construction contracts and the legal ramifications of arbitration, making it a significant case for contractors and legal practitioners in the field of construction law. Keywords such as 'arbitration', 'construction law', 'legal misconduct', and 'interest claims' are crucial for understanding the impact of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore Development Authority,
Faisal International Construction Corporation Ltd.
|
| Judges |
Muhammad Muzammal Khan, J.
|
| Lawyers |
Mr. Mehboob Ahmed, Advocate for Appellant,
M/s Syed Ikhtisar Ahmed & Malik Amjad Parvez, Advocates for Respondents
|
| Petitioners |
Lahore Development Authority through its Managing Director WASA
|
| Respondents |
M/s. Faisal International Construction Corporation Ltd., Lahore
|
| Citations |
2005 SLD 3903 = 2005 PLJ 1044
|
| Other Citations |
2002 SCMR 366,
2002 SCMR 1903,
2002 CLC 353,
1992 SCMR 2238,
PLD 1992 SC 479
|
| Laws Involved |
Arbitration Act, 1940,
Civil Procedure Code, 1908,
Interests Act, 1839
|
| Sections |
15,
20,
29,
13,
26-A,
34,
34-B,
1
|