Arbitration Act, 1940 — Bare Act (As Amended Up-to-Date)

Arbitration Act, 1940 — Bare Act (As Amended Up-to-Date)
By Salman Mansoor, Advocate | The Governing Statute for Domestic Arbitration in Pakistan

When parties choose to resolve a dispute outside the courtroom, one statute governs how that process actually works in Pakistan. The Arbitration Act, 1940 — Bare Act, As Amended Up-to-Date, provides the complete current text of the law governing domestic arbitration, compiled by Salman Mansoor, Advocate, and published by Mansoor Law Book House.

Why This Bare Act is Essential

Enacted to consolidate and amend the law relating to arbitration in Pakistan, this Act extends to the whole country and provides for three distinct approaches to arbitration: without court intervention, with court intervention, and with court intervention where a pending suit is stayed pending the arbitrator's decision. The Act requires arbitration agreements to be in writing, empowers courts to appoint arbitrators where parties are unable to agree, and sets out specific, limited grounds — such as arbitrator misconduct — on which a resulting award can be challenged and set aside. Since domestic arbitration remains governed by this decades-old framework rather than the UNCITRAL Model Law used internationally, understanding its exact statutory provisions is essential for anyone drafting arbitration clauses or litigating disputes arising from arbitral awards in Pakistan.

Key Features & Statutory Coverage

• Complete Amended Bare Act Text: The full current text of the Act as applicable across Pakistan.
• Three Classes of Arbitration: Provisions covering arbitration without court intervention, with court intervention, and arbitration during a pending suit.
• Appointment of Arbitrators: Provisions on how arbitrators are appointed, including court intervention where parties cannot agree.
• The Arbitration Award: Provisions requiring arbitrators to state reasons for an award in sufficient detail for judicial review.
• Grounds for Setting Aside an Award: Statutory grounds — including arbitrator misconduct — on which a court may set aside an award.
• Court's Supervisory Role: Provisions on filing awards in court, remission, and superseding a reference.
• Compact, Practical Edition: A lightweight paperback format for quick statutory reference.

Ideal For:

• Advocates & Arbitration Practitioners: Essential for lawyers drafting arbitration agreements or handling disputes over arbitral awards.
• Judiciary: A core reference for adjudicating applications under Sections 20, 30, and related provisions.
• Businesses & Commercial Parties: Useful for understanding the domestic arbitration process before agreeing to an arbitration clause.
• Law Students: A foundational bare act text for LLB coursework on alternative dispute resolution.
• Judiciary & Bar Exam Candidates: Relevant subject matter for judicial service and bar council examinations.

About the Publisher

Published by Mansoor Law Book House, a well-established Lahore-based publisher whose compact, up-to-date bare act editions have become a reliable reference point for Pakistan's legal community.