Pakistan Case LawMESSRS FAQIR SPINNING MILLS LTD. Versus GOVERNMENT OF WEST PAKISTAN
This matter arises from a dispute regarding a contract for the construction of a Power House at Gambat, entered into between the petitioner and the former State of Khairpur, the predecessor-in-interest of respondent No. 1. The dispute was referred to the arbitration of respondent No. 2, who made his award and transmitted it in duplicate to each of the contesting parties by registered post in the first week of November 1957. The Supreme Court of Pakistan considered the circumstances surrounding the arbitration proceedings and the making of the award. The core legal question involved the validity and transmission of the arbitration award under the relevant legal framework. The court held that the arbitrator duly made and sent the award to the contesting parties as required. The key principle laid down relates to the proper communication and transmission of arbitration awards by post to the parties involved in commercial and contractual disputes.
- Whether an arbitration award sent by registered post in duplicate to the contesting parties constitutes valid communication of the award?
- Can a dispute arising from a construction agreement with a predecessor State be validly referred to arbitration?
ORDER
WAHIDUDDIN AHMAD, J.-The petitioner and the former State of Khairpur, the predecessor-in- interest of respondent No. 1 entered into an agreement for the construction of Power House' at Gambat. There arose between the parties dispute regarding this contract which was referred to the Arbitration of Sardar Muhammad Aslam, respondent No.
2.The learned Arbitrator made his award and sent the same, in duplicate, to each of the two contesting parties by registered post in the first week of November 1957.
Judges on this bench
- Muhammad Yaqub Ali791 judgments
- Wahiduddin Ahmad281 judgments