23/09/2022
Asma Hamid Associates successfully represented TBEA Construction Co. in proceedings against a local sub-contractor in a dispute in respect of a major grid station. The arbitral tribunal was comprised of a retired Justice of the Hon'ble Lahore High Court and an Advocate of the Supreme Court. The matters in disagreement were then referred to and the final Award passed by the Hon'ble Umpire, Justice (retd.) Sheikh Azmat Saeed. The final Award brings to an end a decade long dispute, dismissing finally the several hundred million rupee claim of the sub-contractor and allowing in entirety the counter-claim of our client.
The proceedings involved greatly interesting technical/factual controversies and legal propositions, the most interesting and keenly contested of which was the role of an Umpire in case of a claim denied by both Arbitrators but for different reasons and equally the correlated jurisdictions of the civil court and an Umpire. Equally important, it highlighted the benefits of ADR/arbitration- the present proceedings lasted 15 months in contrast with the 8 years spent in the court otherwise by both parties. Watch this space for a detailed article on the subject!
Sana Azhar
