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PAKISTAN CARPET MANUFACTURERS AND EXPORTERS ASSOCIATION versus MOHIUDDIN ANSARI


Section 12, Arbitration Arbitration Powers of the Constitution of the Arbitration Rules relating to the composition of the Award Rule by the Court of Arbitration Act (X40 of 1940), Sections 15, 16, 17, 18, 30, 31 and 33 were the main questions in the present proceedings, Whether the award which was objected to due to lack of jurisdiction was filed in the court to make the rule of the court and the absence of notice against such award by the parties Was not filed. Information about awards that have been filed in court. The court, without examining the legality of the invalid award, generally declared it mandatory for the rule of court, after issuing a notice to the parties, but the award was made the rule of the court, but it was once The court brought the notice that the arbitral tribunal who gave the award had no authority in the law to take arbitration proceedings in this case; the court was bound to examine the legality of the matter, besides the tribunal's authority. Regardless of whether the objection was filed within 30 days by the parties, irrespective of the person who gave the award Arbitration courts can not disregard the legitimacy of the tribunal, which was awarded under the guise parties did not object to such award within 30 days. The Organization Ordinance, 1961, prohibited the filing of cases between members in connection with the matters involved; even if a case was filed, the court did not prevent the court from passing section 15 of the Arbitration Act, 1940. Under 18, the Article and Memorandum Association gave to the Managing Committee

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