Arbitration Act, 1950

 

ARBITRATION
ACT, 1950

 

Arbitration
Act, 1950 read with Clause 14 of the Agreement dated 18.4.80

Clause
14 of the agreement is held to be a composite whole, a self-contained
indivisible covenant, having a meaning and content in its totality. Clause 14
is an arbitration clause stipulating not only that the parties shall submit all
their disputes to arbitration but also that the arbitration shall be “in
accordance with, and subject to the provisions of the Arbitration Act, 1950”.
[Per Mustafa Kamal J.]

Bangladesh
Air Service (Pv.) Ltd. vs. British Airways PLC, 17 BLD (AD) 249

 

Bangladesh
Courts and English Law

It
is true that Bangladesh Courts often follow the English Law when there is no
municipal law on the subject, as in the field of Marine Insurance, but in the
English Arbitration Act, 1950, the procedural law includes the forum for
administration of the procedure and it is a poor defence to say that clause 14
has not settled the venue of arbitration. If the arbitration “is in accordance
with, and subject to, the provisions of the Arbitration Act, 1950”, the parties
do not have to travel far to look out for the venue beyond the Arbitration Act,
1950. [Per Mustafa Kamal, J.1

Bangladesh
Air Service (Pv.) Ltd. vs. British Airways PLC, 17 BLD (AD) 249

 

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