CUMMINS SALES AND SERVICE (PAKISTAN) LIMITED versus CUMMINS MIDDLE EAST FZE THROUGH CHIEF EXECUTIVE
Sections 3 and 4 Recognition and Enforcement (Arbitration Agreement and Foreign Arbitration Awards) Act (XVII of 2011), Sections 3 and 4 Special Relief Act (I of 1877), Section 54 Civil Procedure Code (V of 1908), Section 151 Enforcement of suit arbitration agreements, stay of action, and deferred contractual defendants sought to prevent court proceedings by referring to arbitration in relation to arbitration proceedings. The condition of denial of the establishment of a legal proceeding was that the arbitration agreement was void, inappropriate or inability to perform the words reversed, invalid or inappropriate should be read in keeping with the rule of Ijaz Generis, ie. Whether the particular word belongs to the class, type or race, or the general words used thereafter, are limited to things of the same nature as the specific plaintiff did not indicate by the arbitrator's record that this case was void. , Was inappropriate or unable to perform. The application for a suit can not be denied because the arbitration agreement can be denied by a party to the arbitration agreement unless the court recognizes the defendant as invalid, invalid, inappropriate or unable to perform. Failure to bring a lawsuit under the Enforcement (Arbitration Agreement and Foreign Arbitration Awards) Ordinance, 2009, or the exception provided under the Approval and Enforcement (Arbitration Agreement and Foreign Arbitration Awards) Act, 2011, Court arbitrates disputes between the parties in terms of the arbitration clause specified in the agreement Instructed to hand over and request permission to state the situation
Related judgments — Karachi High Court Sindh, 2013
