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ZULIFQAR ALI SHAH versus MUHAMMAD HUSSAIN

Sections 8, 14 and 30 of the evidence (Article 10 of 1984), Article 33 as arbitration or referee, the determination of the distinction has to be drawn to the courts on the facts and circumstances of each case, with the parties' willingness to resolve the dispute. Regardless of the position of the person appointed. When it comes to arbitration or refereeing, the question often arises as to whether the parties have expressed their disputes to a person, whether the person's intention was to act as a mediator or to be a referee, or to be the person to whom the dispute rests. The cited was merely to act as a mediator. , It said that the reference was intended to exclude its judicial function in the form of a mediation line rather than to assist an agreement through negotiation that distinguishes the arbitrator from a referee, not specifying it. Should have chosen to call on behalf of the parties, the person to whom they referred to their dispute and terms which indicated in the intention that in fact the question should play their decisive role in determining the person's confrontation. Will do As a referee, a municipal commissioner or mediator who was decisive was the intention of the parties and for this purpose it was not the case, but the substance that matters is, for the determination of the question, the agreement between the parties. It is important to read and the difference between the mediator and the referee through the recorded action trial court was that the arbitrator was authorized to make a decision after the inquiry, but a referee was not authorized to make a referee solely for his knowledge. And make a statement according to belief and if he makes his decision, then such statement is an admission of binding on both parties. And as described inheritance advocates near Mirpur (AJK) lawyer