ZUBAIR AHMAD and another vs Ch. MUHAMMAD ABAID ULLAH and another
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, challenging the scope, duties, and functions of a referee or an arbitrator. The core legal question involves determining the exact legal parameters governing referees and arbitrators, particularly in light of previous judicial precedents such as Ch. Muhammad Saleem v. Muhammad Akram and others and Muhammad Hanif Khan and another v. Ghulam Farid Khan and others. The Court held that the case is a fit one for granting leave to appeal to examine these issues thoroughly. The key principle laid down is that the Supreme Court will review and define the precise legal framework and functions applicable to referees and arbitrators when conflicting or significant interpretations are raised.
- What is the scope, duties, and functions of a referee or an arbitrator?
- When is a case considered fit for granting leave to appeal regarding the functions of an arbitrator?
ORDER
1. ' GHULAM MUJADDID, J.-- After hearing learned counsel for the parties, we are of the view that it is a fit case for leave to appeal in order to determine the scope, duties and functions of a referee or an arbitrator especially in the light of decision given by this Court in the case of Ch. Muhammad Saleem v. Muhammad Akram and others (PLD 1971 SC 516) and the one cited at the Bar by the counsel for the respondents Muhammad Hanif Khan and another v. Ghulam Farid Khan and others (PLD 1988 Lah. 250). Order accordingly ' Security Rs,10,000 (ten thousand)
2. ' Appeal to be made ready on the present record.
3. ' The parties if they so wish may file additional documents within two months.