Messrs J.V. KOCKS KG/Rist vs GOVERNMENT OF PAKISTAN and another
This matter came before the Supreme Court of Pakistan as a petition, which was subsequently converted into an appeal. The dispute concerned arbitration proceedings involving Messrs J.V. KOCKS KG/Rist and the Government of Pakistan. The parties, their legal representatives, and the appointed umpire reached a consensus regarding the procedural conduct of the arbitration. The Court, acting upon this agreement, ordered that additional evidence, as specified in the Government's application, be admitted before the umpire, subject to the right of rebuttal. The Government was tasked with producing the necessary evidence and witnesses, excluding the expert witness to be appointed by the umpire. Furthermore, the Court extended the deadline for the issuance of the arbitration award by two months, effective from the date of the parties' appearance before the umpire. The Government also undertook to withdraw its pending application for the removal of the umpire, while retaining its right to challenge the arbitration proceedings and the final award in accordance with the law.
- Can parties to an arbitration agreement mutually agree to the admission of additional evidence before the umpire?
- Is the court empowered to extend the time for the issuance of an arbitration award based on the consent of the parties?
- May a party withdraw an application for the removal of an umpire while reserving the right to challenge the arbitration proceedings later?
ORDER
1. SHAFIUR RAHMAN, J.-- The parties, the lawyers representing them and the umpire agree to the disposal of this petition in following terms:--
(i) Additional evidence as listed in Government application signed by all, should be allowed to be led before the umpire, subject to right of its rebuttal.
(ii) The Government shall be responsible for producing the evidence including the witnesses except for the expert to be appointed by the umpire.
(iii) The time for giving the award be extended by two months commencing from the date of appearance of the parties before the umpire which is fixed as 15-7-1984.
(iv) The Government undertakes to withdraw the application for removal of the umpire pending before a Civil Judge, reserving its right to object in accordance with law to arbitration proceedings and the award after the award is made.
2. ' The petition is converted into appeal and allowed in terms set forth above.
3. ' The parties shall report to the umpire on 15th of July, 1984. No order as to costs.