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ALI MUHAMMAD versus BASHIR AHMAD


In the matter of the Arbitration Act 1940 Section 17 Constitution of Pakistan (1973), Article 185 (3) award, the issue of the agreement between the parties to the arbitration, the subject of criminal litigation, was specifically mentioned and the arbitration The conditional issue was the subject. The award and the award decision were a clear mention of the criminal case in the arbitration agreement, referring to the arbitrator and arbitrator as a part of the civil dispute resolution directing such award. Attempts to be made were enforced by the court and through a court process whereby the resolution of a civil dispute was obtained by directly stopping the proceedings of a criminal case, with regard to the arbitration of a criminal pending matter. Cannot be arbitrated, nor can its arbitration be ordered by the arbitrator in its jurisdiction. This is not an extension of the arbitration act as a special act is limited to the condition of civil disputes The appeals of the civil courts are pending in the courts and cases, so it is justified to conclude that the arbitration proceedings , And with regard to the award, public policy was opposed because they handled criminal cases, prosecutions or illegal matters. The leave to appeal the prosecution and the award which directs the prosecution to withdraw or prosecute the criminal case by either party was denied.

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