The Facilitation and Accommodation of Alternative Dispute Resolution and Arbitration in resolving Commercial Disputes in Pakistan

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Table of Contents

CHAPTER 1: INTRODUCTION3

Background of the study3

Problem Statement5

Purpose of the Study5

Rationale of the Study5

Aims and Objectives6

Scope and Significance of the Study7

Reliability and Validity7

CHAPTER 2: LITERATURE REVIEW9

Legal History of Pakistan9

Judicial System in Pakistan10

Litigation and Dispute Resolution10

Commercial Disputes in Pakistan12

Arbitration in Pakistan13

Arbitrating Commercial Disputes in Pakistan16

Alternate Dispute Resolution in Pakistan18

Problems with International Arbitration22

REFERENCES28

CHAPTER 1: INTRODUCTION



Background of the study

Pakistan recognises the mechanism of alternative dispute resolution by law as a legitimate method for resolving conflict, used both in domestic and international operations. However, foreign investors often complain of a lack of 'sanctity of contracts'. Critics say liquidate a bankrupt company may take extended to 20 years.

The Arbitration and Conciliation Act, 1996 is based on the legal model of UNCITRAL (United Nations Commission on International Trade Law) on arbitration in international trade. Conformity to international arbitration laws Member of the New York Convention on Enforcement of Foreign Arbitral Awards.

Arbitration is an alternative means of dispute resolution, whereby one or more persons, called arbitrators or arbitral tribunal, definitely resolve a dispute raised by others that have previously committed to accept his decision. Internationally, arbitration is the means of resolving commercial disputes accepted by the business community. An estimated 90% of international contracts contain an arbitration clause.

The international commercial arbitration has grown and expanded a lot and gained great importance for his role in easing the burden on the courts and the speed of resolving trade disputes, taking into account that the majority of countries, including in particular Pakistan has passed legislation for the parties to resort to arbitration in order to facilitate them and to save time In order to avoid the slow pace of proceedings before the ordinary courts, which are reflected on the negative aspects of conflicts .

As one of the fundamental objectives of recourse to arbitration is the speed of resolving the dispute between the two ends by the arbitrators specialists is the decisive and binding on the arbitrators 'decision is closely linked to the applicable law, and where some of the legislation requires the approval of the competent court of the arbitrators' decision before giving the formula of the Executive pursuant to the right of the court in monitoring the arbitrators' award, which is essentially in the verification of the safety procedures followed by the arbitrator in the eyes of the conflict in a ruling and observance of the procedural aspects of the legally required and to verify the integrity of the findings of the arbitrator in his being the approval of the rule of law without any issues where the arbitrator authority report and penalties.Therefore, taking into account these aspects is very important to avoid anything that would get any delay in the implementation of the arbitrator's award to complement one of the main objectives to resort to arbitration which is to achieve relative speed in the passing of sentences and in resolving the dispute between the parties and to allow the implementation ...