BETTER ENGINEERED SOLUTIONS (PVT.) LTD. vs BALOCHISTAN DEVELOPMENT AUTHORITY, QUETTA Ss

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BETTER ENGINEERED SOLUTIONS (PVT.) LTD. VS BALOCHISTAN DEVELOPMENT AUTHORITY, QUETTA Ss. 8, 9, 20 & 30---award, setting aside of---appointment of arbitrator---Procedure---Dispute was with regard to award given by sole arbitrator which award was set aside by Trial Court on the ground that sole arbitrator could not have been appointed---Validity---application under S.8(2) of arbitration act, 1940 for appointment of arbitrator(s) could be made only if arbitrator(s) who neglected or refused to act or had become incapable of acting or had died, had been appointed with the consent of the parties or by the Court under S.8 or 20 of arbitration act, 1940 but not where such arbitrator had been appointed by any party without the other part's consent---Provision of S. 8 of arbitration act 1940, referred to power of Court to appoint an arbitrator or an umpire in case of neglect, refusal to act, incapability of acting, death of the appointed arbitrator, when parties did not concur in appointment of an arbitrator or umpire---Provision of S. 9 of arbitration act 1940, empowered a party to appoint his arbitrator as the sole arbitrator and was applicable only when arbitration agreement provided that reference would be to two arbitrators, one to be appointed by each party---arbitration clause in agreements between parties provided for two arbitrators to be appointed by each of the parties, element of consent of parties was lacking, therefore, provision of S. 8 of arbitration act, 1940 was of no relevance---High Court maintained order setting aside of the award rendered by sole arbitrator---appeal was dismissed, in circumstances. Citation Name: 2023 PLD 105 ISLAMABADBookmark this Case BETTER ENGINEERED SOLUTIONS (PVT.) LTD. VS BALOCHISTAN DEVELOPMENT AUTHORITY, QUETTA S. 9(b), proviso---Sole arbitrator---Appointment setting aside of---Scope---Court can set-aside appointment of a sole arbitrator made under S. 9(b) of Arbitration Act 1940, where defaulting party comes up with equitable grounds---Court can allow further time to such party to appoint an arbitrator---Defaulting party is not required to show sufficient cause or explain delay of each and every day but has to satisfy Court that he has not been obstructive or evasive and has acted with due diligence---Order under proviso to S. 9(b) of Arbitration Act, 1940 enables defaulting party to remedy his failure to make appointment within 15 days after receipt of notice. Citation Name: 2023 PLD 105 ISLAMABADBookmark this Case BETTER ENGINEERED SOLUTIONS (PVT.) LTD. VS BALOCHISTAN DEVELOPMENT AUTHORITY, QUETTA S. 9(b)---Term "may appoint that arbitrator to act as sole arbitrator"---Scope---Term "may appoint that arbitrator to act as sole arbitrator" in S. 9(b) of Arbitration Act, 1940 connotes appointment of sole arbitrator by serving a notice about such appointment on the party that failed or refused to appoint its arbitrator within fifteen-day period. Citation Name: 2023 PLD 105 ISLAMABADBookmark this Case BETTER ENGINEERED SOLUTIONS (PVT.) LTD. VS BALOCHISTAN DEVELOPMENT AUTHORITY, QUETTA S.9(b)---Pre-requests to be fulfilled before there can be a valid appointment of a sole arbitrator under S.9(b) enumerated.

BETTER ENGINEERED SOLUTIONS (PVT.) LTD. vs BALOCHISTAN DEVELOPMENT AUTHORITY, QUETTA Ss — 2023 PLD 105 ISLAMABAD

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