The Arbitration Act X of 1940


Does not apply to matrimonial dispute.
PLD 1985 Quetta 25
PLD 1985 Quetta 85
NLR 1986 CLJ 369



 When Arbitration is resorted to under the Law of Quran, it is neither Arbitration under any agreement, nor under statute.



Arbitration Agreement must be in writing.
1982 CLC 175 DB+1981 CLC 638 Kar
PLJ 1978 SC 7 + PLD 1977 SC 644:
1981 CLC 1667;      PLD 1977 Kar. 37.

No written agreement-no award can be passed.
AIR 1951 Allaabad 860



Arbit Agreement can be inferred from correspondence
PLD 1981 Kar. 28

No arbitration is matrimonial disputes because when arbitration resorted to under the Quran, it is neither arbitration under agreement nor under statute
PLJ 1980 Q.25
PLD 1985 Q.35
1986 CLC 369



Arbitration agreement must be in writing.
1982CLC 175 (DB)
1981 CLC 638
PLJ 1978 S.C. 7

PLD 1977 Kar. 644
1981 CLC 1667
PLD 1977 Kar. 37

No written agreement – no award can be passed.
AIR 1961 All. 860
1983 CLC 1685
PLD 1984 Lah. 515



Value of subject matter of reference will determine jurisdiction of the court.


SECTION 14(2), 17 & 20

Objection 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.
1995 SCMR 73



Whether objection petition was filed within time is not purely question of law, rather, it is a mixed question of law and fact.
AIR 1956 Assam 85



Award to set out reasons.
PLD 1981 CS 257


SECTION 30 & 33

Award obtained by fraud can be challenged under Section 30 & 33 Arbitration Act and not under Section 12(2) CPC.
PLD 1991 SC 197



Award not based on any evidence and clearly opposed to material on record award rightly set aside.
1991 MLD 422


SECTION-30, 31

Court not to act as appellate court arbitrator being sole judge of fact.
1991 CLD 1023



Arbitrator 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.
PLD 1995 Kar. 301



Proceeding of the suit based on promissory note in a summary manner could not be stayed and referred to arbitration in terms of the agreement.
1995 CLC 1024



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.
2012 CLC 12 (Bloc) (DB)
Mobilink  v.  Niamatullah Achakzai