compensation, the amendment made in sections 31 of the Ordinance cannot be said to have violated the petitioner’s right of protection of law. According to Section 32 Appeal against the award of an Arbitrator According section 43 (1) of the Ordinance, an appeal lies to the Arbitration Appellate Tribunal against the award of an Arbitrator. An appeal to the High Court Division against the award of an Arbitrator is not maintainable. Revision against the award of an Arbitrator An Arbitrator appointed under section 27 is not a civil court at all within the meaning of the Code of Civil Procedure and as such, he is not a court subordinate to the High Court Division. So, an application u/s 115 CPC for revision against an award of Arbitration is not maintainable. Legal Status of the Award of the Arbitrator According to sections 34 (3) of the Ordinance, every award made by the Arbitrator is deemed to be a decree within the meaning of section 2 (2), CPC and the statement of the grounds of every such award is a judgment within the meaning of section 2 (9), CPC. This provision is significantly different from the provision of – the (Emergency) Requisition of Property Act, 1948. An award made by an Arbitrator appointed under the 1948 Act was not a decree within the meaning of CPC. In the view of the deeming provision in section 32 (3) of the Ordinance the award of the Arbitrator is appealable as a decree and also executable as a decree. But the status of the Arbitrator has not undergone any change thereby. He is not elevated to the status of a civil court by virtue of the deeming clause (3) of section 32. Stamp duty on the award Generally an award is an instrument chargeable with stamp duty. But ans award by arbitrator u/s 32 of the Acquisition and Requisition of Immovable Property Ordinance. 1982 is exempted from such stamp duty.
compensation, the amendment made in sections 31 of the Ordinance cannot be said to have violated the petitioner’s right of protection of law. According to Section 32 Appeal against the award of an Arbitrator According section 43 (1) of the Ordinance, an appeal lies to the Arbitration Appellate Tribunal against the award of an Arbitrator. An appeal to the High Court Division against the award of an Arbitrator is not maintainable. Revision against the award of an Arbitrator An Arbitrator appointed under section 27 is not a civil court at all within the meaning of the Code of Civil Procedure and as such, he is not a court subordinate to the High Court Division. So, an application u/s 115 CPC for revision against an award of Arbitration is not maintainable. Legal Status of the Award of the Arbitrator According to sections 34 (3) of the Ordinance, every award made by the Arbitrator is deemed to be a decree within the meaning of section 2 (2), CPC and the statement of the grounds of every such award is a judgment within the meaning of section – 2 (9), CPC. This provision is significantly different from the provision of the (Emergency) Requisition of Property Act, 1948. An award made by an Arbitrator appointed under the 1948 Act was not a decree within the meaning of CPC. In the view of the deeming provision in section 32 (3) of the Ordinance the award of the Arbitrator is appealable as a decree and also executable as a decree. But the status of the Arbitrator has not undergone any change thereby. He is not elevated to the status of a civil court by virtue of the deeming clause (3) of section 32. Stamp duty on the award Generally an award is an instrument chargeable with stamp duty. But ans award by arbitrator u/s 32 of the Acquisition and Requisition of Immovable Property Ordinance. 1982 is exempted from such stamp duty.