Understand the process, legal framework, and practical use of arbitration in resolving disputes. Explore procedures, enforceability, and advantages of choosing arbitration as an effective alternative to litigation.
There are currently two main pieces of legislation dealing with arbitration in Pakistan: the Arbitration Act 1940[1] and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011[2]. Although the Arbitration Act 1940 (a pre-partition enactment, which still continues in force) is a very old Act begging for modernity and alignment with other fast paced international jurisdictions, it still serves as a clear and well settled piece of legislation with consistent chain of judicial precedents backing the interpretational aspects shouldering the changing times particularly in trade and commercial matters. The Act provides for arbitration with the intervention of the court as well as without the intervention of the court. The main difference between these two types of arbitration pertains to whether or not both parties to a dispute are willing to resort to arbitration. Arbitration without the intervention of the court takes place where both parties are willing to resort to arbitration without seeking the court to appoint arbitrator(s). Arbitration with the intervention of the court occurs where one party is willing and the other is not, so as to enable the willing party to ensure adherence to the pre-agreed arbitration by the unwilling party. The Foreign Awards Act is simply a ratification of the New York Convention 1958 providing that foreign judgments and awards by or between the nationals of contracting states are to be enforced without questioning the validity of the same except on the grounds explicitly provided for in the Convention. The Statute The law of arbitration in Pakistan is contained in the Arbitration Act 1940. Its main features are…
It is commonly accepted that by choosing to resolve a dispute by way of arbitration, the parties waive off their right to an appeal; a right which is guaranteed if your dispute is resolved by a judge in a court. While, it certainly has its advantages of being quicker than litigation since the decision is final and binding upon the execution, it certainly has its disadvantages as well, particularly for the aggrieved party. The courts are ubiquitously reluctant to interfere in a decision rendered by the arbitrator or arbitral tribunal and one needs to have an extremely strong case to convince any judge to inter alia set aside the award. However, as the practice of international commercial arbitration becomes increasingly widespread and encouraged by the court, the stakes continue to increase; a party that has suffered loss through patent lack of care by an arbitrator may wish to seek to recover that loss from the arbitrator, personally. I have recently been involved in an arbitration, where it appeared that the arbitral institution had failed, in its administrative powers, to ensure that the arbitral tribunal renders an award within a reasonable time, if not expeditiously. Moreover, the appointment of the chairman of the arbitral tribunal seemed to have been ostensibly influenced by the arbitrator nominated by the other party. However, I would concede that as an aggrieved party, there is always an ulterior motive to find some loopholes or shortcomings to challenge the award. With no option of an appeal and observing the…
CONFLICT Conflict is a natural and inevitable part of all human social relationships. Conflict occurs at all levels of society-intrapsychic, interpersonal, intra-group, inter-group, intra-national and international (Sandole & Staroste, 1987). People with different beliefs, values and expectations effectively live in different worlds. It leads to: more they talk, more they experience frustration and hostility; may result in violent conflict. This course deals with conflict dynamics and cooperative process of conflict management-negotiation, meditation, facilitation, problem solving, and conflict resolution. CONFLICT RESOLUTION There are many ways to resolve conflicts - surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem solving skills. ALTERNATIVE DISPUTE RESOLUTION (APR) ADR can be thought of as a radically innovative set of ways and means and a radically different method for the resolution of conflict imposed on a culture featuring an adversarial and individualistic approach to dispute resolution. ADR innovation is often seen through the "lens" of the traditional adversary system- of course this typically leads to failure, causing its users…