LAHORE DEVELOPMENT AUTHORITY through Chief Engineer-I vs ZAHIR KHAN AND BROTHERS through Chief Executive Officer S — 2026 CLD 369 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLD 369 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLD
Parties: LAHORE DEVELOPMENT AUTHORITY through Chief Engineer-I vs ZAHIR KHAN AND BROTHERS through Chief Executive Officer S
Subject matter: Criminal
Provisions referred to: S. 11---A; S. 11

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

LAHORE DEVELOPMENT AUTHORITY through Chief Engineer-I VS ZAHIR KHAN AND BROTHERS through Chief Executive Officer S.11---Arbitral tribunal---Interlocutory / procedural order---Challenge before civil court---Permissibility---Whether an interlocutory order passed by an arbitral tribunal, which does not finally determine the rights of the parties, is amenable to challenge before a civil court---Permitting parties to approach civil courts to challenge every procedural or interlocutory order passed by an arbitral tribunal would defeat the very object of arbitration, opening the floodgates for recalcitrant parties to delay proceedings and transforming the arbitrator into a trial court and the Civil Court into a court of first appeal for every minor procedural decision---The scheme of the Act of 1940 reveals no provision granting a right to challenge interlocutory order---If, however, a party is genuinely aggrieved by an arbitrator's conduct, such as undue delay, partiality or biased procedure, the appropriate remedy lies under S. 11 of the Act of 1940, which empowers the Court to remove an arbitrator or umpire in certain circumstances---Arbitration, as a form of alternative dispute resolution (ADR), provides a speedy, efficient and cost-effective substitute for conventional and often protracted litigation---Particularly in commercial and complex disputes, arbitration is preferred due to its procedural flexibility, technical expertise and finality---Accordingly, if a party alleges misconduct, undue delay or procedural impropriety, it may invoke the provisions of S. 11 ibid for removal of the arbitrator.

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