What is the prerequisite conditions for challenging the existence or validity of an award or for having its effects? (Sec. 33)

(1) Introduction

In Pakistan, parties to arbitration agreement have been granted opportunity to challenge or dispute award or arbitration agreement. To challenge or dispute award or arbitration agreement, they are required to file application for contesting award or arbitration agreement, and this application should be filed within that limitation-period, which Limitation Act has prescribed in this regard. In other words, suits have been barred to contest award or arbitration agreement.

(2) Section No. 33 Of Arbitration Act

Following points are important for explanation of Section No. 33 of Arbitration Act:

(i) Any party to arbitration agreement or any person, who claims under this party

(ii) Application to court

(iii) Decision of question

(iv) Exception

 

(i) Any Party To Arbitration Agreement Or Any Person, Who Claims Under This Party

Under this section, any party to an arbitration agreement or any person, who claims under him/her, has been made competent to challenge existence or validity of arbitration agreement or award or to have effect of arbitration agreement or award determined.

 

(ii) Application To Court It has been settled in this section that any party

to an arbitration agreement or any person, who claims under him/her, can file application to court to challenge existence or validity of arbitration agreement or award or to have effect of arbitration agreement or award determined.

(iii) Decision Of Question

According to this section, court is to decide about existence or validity of arbitration agreement or award or is to determine effect of arbitration agreement or award.

(iv) Exception

In this section, exception is that court can set down this application for hearing on other evidence, and it can pass such orders for discovery and particulars as it may do in a suit when it deems it just and expedient.

(3) Conclusion

To conclude, it can be stated that this section has barred suit to contest arbitration agreement or award. However, this Act has not left parties to arbitration agreement remediless especially when they are not satisfied with arbitration agreement or award. In fact, it has provided speedy remedy to that party, who challenges existence or validity of arbitration agreement or award or who desires to have effect of arbitration agreement or award determined.

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