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EXCELSIOR COTTON COMPANY versus TRADING CORPORATION OF PAKISTAN (PVT.) LTD.


Arbitration Act 1940 Section 34 Holding on Legal Procedure The arbitration clause was entered into a contract for the execution of an arbitration agreement in a foreign country, where complete evidence of both parties was available to the plaintiff (a foreign company) itself. Requested the court's jurisdiction. Defendant was a Pakistani company, thus, there was no question of betraying the trust or confidence of a foreign company. The plaintiff did not file an affidavit again in the claimant's claim that the process of arbitration proceedings in Liverpool (England) would be too expensive. And in the event that both parties are not hurt, the purpose of the arbitration proceedings was to provide speedy, cheap and quick justice to the parties, thus continuing the proceedings and not acting by instructing the parties to turn to the arbitration proceedings in Liverpool. Will be granted, but will be equivalent to forcing them to bear heavy costs and suffering, which does not serve the purpose of justice, the application for the establishment of proceedings was dismissed under the circumstances.

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