PAKISTAN MOBILE COMMUNICATION LTD., (MOBILINK) ISLAMABAD versus NAIMATULLAH ACHAKZAI
In section 34 of the Special Relief Act (of 1877), the suit respondent for stopping and recovering the section 42 arbitration agreement applied to withhold the action on the ground that the parties' arbitration agreement contained clause. The petition filed by the trial court was dismissed by the plaintiff by the plaintiff that the dispute had arisen from the agreement, so even though the agreement between the parties was terminated, the matter should be referred to the arbitrator. The parties did not agree on the issue of its arbitration clause. In particular, their dispute, unless there is a strong and sufficient cause, is required by the parties to voluntarily submit to the forum chosen by them, voluntarily and willingly, After the arbitration agreement was signed with the plaintiff, he had the authority to force the claimant to comply with the arbitration clause before the commencement of the legal p. Applicants, legal proceedings under section 34 of the Arbitration Act 1940 Your option to enforce the arbitration agreement in the application filed by the defendant without taking any action to participate in The intention to use was disclosed because the plaintiff failed to show any good reason why the matter should not be stopped. The termination of the contract for arbitration was the result of the defendant's dissatisfaction and breach of the terms and conditions of the agreement, so the result of the dispute agreement, which included the arbitration clause decision by the parties to the arbitration clause. Should resolve future dispute or dispute arising from the agreement
Related judgments — Quetta High Court Balochistan, 2012