ROYAL GROUP versus SEMOS PHARMACEUTICALS (PVT.) LTD.
Defendant filed a section 12 arbitration act (X of 1940), special performance of the section 34 agreement, under section 34 of the Arbitration Act, 1940, and referred the matter to arbitration, as it mediated. The clause was available. The agreement between the parties was that presenting the case to the plaintiff would delay the proceedings. The legal proceedings raised by the plaintiff were not in a position to refer to the arbitration case, especially when the opinion was appreciated by the parties, and the choice was deliberately and deliberately such jurisdiction. Could not be defeated because it would be equivalent to occupying the control of the domestic forum on which the plaintiff and the defendant arrived at the time of the execution of the agreement, so it was not appropriate for them to proceed on this matter. The source had previously contracted with each other for approval before a forum other than the High Court Accain was chosen to refer the dispute arising from or related to the issues discussed and it will be settled through mediation between them, therefore, the matter must be referred to arbitration. According to the provisions of the agreement between the parties and the parties filed by the plaintiff, the matter was referred to the arbitrator and the application was allowed accordingly.
Related judgments — Karachi High Court Sindh, 2011
