THE SECRETARY OF STATE OF THE UNITED STATES OF AMERICA vs MESSRS — 1968 PLD 443

Citation: 1968 PLD 443

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: THE SECRETARY OF STATE OF THE UNITED STATES OF AMERICA vs MESSRS JUDGMENT

Headnotes

Case cited as PLD 1968 Kar. 443

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Durab Patel Title:THE SECRETARY OF STATE OF THE UNITED STATES OF AMERICA vs MESSRS JUDGMENT Reported As: PLD 1971 Karachi 314 Result: Appeal dismissed Judgment JUDGMENT DORAB PATEL, J.--The dispute in this Letters Patent Appeal relates to the construction of the Chancery Building of the American Embassy in Karachi. The building was constructed by the respondent in pursuance of a written contract dated 28-6-1957 between the respondent and the appellant, and we may observe here that it was signed on behalf of the appellant by a Secretary of State of the American Government through its local Charge-de-Affairs. The agreement contained an arbitration clause and, as disputes arose between the parties, the respondent invoked this clause and appointed Mr. Manzer-e-Alam (now deceased) as its arbitrator. Further, as the appellant did not appoint an arbitrator, in the events that happened, the respondent appointed Mr. Manzar-e-Alam the sole arbitrator under section 8 of the Arbitration Act, 1940. Thereafter, the sole arbitrator entered on the reference and gave notice to the parties. Mr. S. Shaikh, Advocate, appeared before him on behalf of the appellant and challenged the validity of his appointment as sole arbitrator and also his jurisdiction as arbitrator on the ground that the appellant was entitled to immunity as a sovereign State. The arbitrator rejected the appellant's objections and adjourned the case for the filing of…

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