![Soharwardia
PAKISTAN INTERNATIONAL AIRLINES CORPORATION [PIAC] VS M/S
AEROFLOT AND ANOTHER;
A case involving contractual dispute between Pakistan International Airlines
corporation and M/S Aeroflot, which was related to navigation services and
agreements.
GOVERNMENT OF BALOCHISTAN V. TETHYAN COPPER COMPANY;
A high profile case related to mining projects in the provision of Baluchistan,
where the provisional government and Tethyan copper company were involved in
a dispute over the mining lease agreement.
PAKISTAN INTERNATIONAL AIRLINES CORPORATION V.THE AIRCRAFTS
BUILDERS COUNCIL;
Case concerning contractual disputes and liabilities between Pakistan and
International Airlines Corporation and the aircraft builder’s council, related do
aircraft purchases and agreements.
CONCLUSION
The arbitrator's authority is no broader than that defined by the parties and some of
his duties are defined by law. Not only national legislators set the limits inside
which the arbitrator must act, but international customs, usages and conventions
also play an important role.](https://image.slidesharecdn.com/arbitratorpowers123-240813165704-d6469458/85/introduction-to-ARBITRATOR-POWERS-and-brief-detail-on-it-5-320.jpg)
introduction to ARBITRATOR POWERS and brief detail on it
- 1. Soharwardia POWERS OF ARBITRATIOR UNDER ARBITRATION ACT 1940 In Pakistan, an arbitrator is an individual chosen to settle dispute outside of the court system according to the arbitration act 1940. This act governs the arbitration process in Pakistan. An arbitrator is typically a neutral third party with agreed upon by both parties involved in the dispute. The individuals must be impartial and capable of making fear informed decisions. Arbitration act 1940 lays downs provision related to the appointment of arbitrator and arbitration process in Pakistan. APPOINTMENT OF ARBITRATIOR UNDER ARBITRATION ACT 1940 AGREEMENT OF PARTIES The most common method of appointing arbitrator is through an agreement of both parties involved in the dispute. APPOINTMENT BY COURT
- 2. Soharwardia if the parties are unable to agree on arbitrator either party may apply to the court for the appointment of an arbitrator. APPOINTMENT BY EXISTING ARBITRATOR In case with the arbitration agreement provide for a panel of arbitrator or where multiple disputes are to be resolved under the same agreement. DESIGNATION BY THIRD PARTY In certain circumstances a third party such as institution or an authority specified in the arbitration agreement, may be designated to appoint an arbitrator. This method is often used to ensure impartiality and Fairness in the selection process. POWERS OF ARBITRATOR UNDER ARBITRATION ACT 1940 Under the arbitration act of 194O in Pakistan the powers of an arbitrator are outlined in several headings; JURISDICTION The arbitrator has the power to determine the scope of their jurisdiction. They can decide the matter that fall within the Preview of the arbitration agreement can make rulings on the validity and applicability of the agreements. PROCEDURE Arbitrator has the authority to determine the procedure for conducting the arbitration process .This includes the power to decide on the place and method of arbitration, the admissibility of evidence, and the conduct of the proceedings. EVIDENCE The arbitrator has the power to summon and examine witnesses, and request the production of the documents and other evidence relevant to dispute. They can also determine the admissibility of the evidence in the weight it carries in the arbitration process. INTERIM MEASURES AND AWARDS;
- 3. Soharwardia The arbitrator has the power to grant entire Myers. Such as injunction or specific performance, to preserve the status quo prevent any party from causing irreparable loss. Additionally, they have the authority to issue final awards data binding on the party involved in dispute. SETTLEMENT The arbitrator has the power to encourage parties to reach an amicable settlement during the arbitration process. They can facilitate negotiations and propose settlement terms that are agreeable to both parties. CHALLENGES AND RECOURSE The arbitrator has power to address any challenges to their own appointment or the arbitration process itself. they can also handle any appeal find any applications for setting aside the arbitration award in accordance with the provisions after Arbitration Act 1940. COSTS The arbitrator has the power to determine the cost of arbitration process, including their own fees, administrative expenses, and any other cost incurred during the proceedings. They can allocate these costs between the parties involved in the dispute according to the discretion and provisions of law. TIME LIMIT The arbitrator has the power to extend or limit right the time completion of proceedings. MULTIPLE ARBITRATION PROCEEDINGS The arbitrator has power to consolidate multiple arbitration proceedings, if authorized to do so. IMPOSE SANCTIONS The arbitrator has power to impose sanctions for non compliances with the procedure orders.
- 4. Soharwardia DETERMINATION OF LANGUAGE Arbitrator has power to determine the language or languages to be used in the proceedings and an award. APPOINT EXPERT The arbitrator has power to appoint experts to provide opinion on technical matters related to dispute. ORDERS FOR NECESSARY CONDUCT The arbitrator has powers to issue orders or directions necessary for the fair and efficient conduct of the arbitration proceedings. LEGAL CASES EXAMPLES IN WHICH ARBITRATOR USE HIS POWER AND PASS AWARD GOVERNMENT OF PAKISTAN V.DALLAH AVCO A significant case concerning an investment dispute between the government of Pakistan and a foreign investor, which involved issues related to enforcement of a foreign arbitral award.
- 5. Soharwardia PAKISTAN INTERNATIONAL AIRLINES CORPORATION [PIAC] VS M/S AEROFLOT AND ANOTHER; A case involving contractual dispute between Pakistan International Airlines corporation and M/S Aeroflot, which was related to navigation services and agreements. GOVERNMENT OF BALOCHISTAN V. TETHYAN COPPER COMPANY; A high profile case related to mining projects in the provision of Baluchistan, where the provisional government and Tethyan copper company were involved in a dispute over the mining lease agreement. PAKISTAN INTERNATIONAL AIRLINES CORPORATION V.THE AIRCRAFTS BUILDERS COUNCIL; Case concerning contractual disputes and liabilities between Pakistan and International Airlines Corporation and the aircraft builder’s council, related do aircraft purchases and agreements. CONCLUSION The arbitrator's authority is no broader than that defined by the parties and some of his duties are defined by law. Not only national legislators set the limits inside which the arbitrator must act, but international customs, usages and conventions also play an important role.