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PAKISTAN 3 April 2018 Aroma Travel
High Court, Sindh, 3 April 2018, Suit No. 843 of 2015
(Aroma Travel Services (Pvt.) Ltd. & Others v. Faisal Al Abdullah Al Faisal Al-Saud & ... Read more
High Court, Sindh, 3 April 2018, Suit No. 843 of 2015
(Aroma Travel Services (Pvt.) Ltd. & Others v. Faisal Al Abdullah Al Faisal Al-Saud & Others)
PAKISTAN 3 April 2018 Aroma Travel
The High Court dismissed the application to stay court proceedings and refer the dispute to arbitration. It discussed the doctrine of the separability of the arbitration clause from the contract in which it is contained, but concluded that in the present case, where no written contract(s) existed, and “the whole suit is based on oral understanding and promises”, referring the matter to arbitration “would be nothing but a futile and pathetic exercise with wastage of time”.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.