Accredited by the Ministry of the Law
Accredited by the Ministry of the Law
ADR is defined as a process or procedure other than adjudication by a presiding judge in which a neutral third party assists in or decides on the resolution of the issues in dispute. Among the many different types of ADR processes, the most common are arbitration, mediation, and conciliation while others include early neutral evaluation and settlement conference.
A procedure in which the parties submit their disputes to one or more chosen arbitrators for a binding and final decision (award) based on the parties’ respective rights, obligations, and the evidence presented.
An informal procedure in which a neutral intermediary, the mediator, assists the parties in reaching a dispute settlement based on the parties’ respective interests.
Arbitration Law provides a neutral forum for parties to settle disputes outside the courts, preserving confidentiality and protecting trade secrets and commercial interests. It also provides a safe haven for foreign investors due to its trusted, credible and workable system.
Outside of the courts, arbitration is a legal process that produces a final, legally binding conclusion that is comparable to a court ruling. By agreeing to arbitration, parties essentially waive their right to file a lawsuit and instead request that a neutral third-party Arbitrator decide their dispute. Depending on the circumstances, different parties may choose arbitration, mediation, or conciliation. Compared to going to court, arbitration is typically quicker, less expensive, and more informal. Additionally, it benefits from being private and confidential.
The parties have the right to negotiate the terms and conditions of the arbitration, including the number of arbitrators and the use of formal rules of evidence, to the extent permissible by law. Most types of contracts allow for the inclusion of binding arbitration clauses, which stipulate that if a disagreement develops in connection with the contract, the parties will resolve it through binding arbitration rather than in court. The parties often split the expense of arbitration.
The Arbitrator’s decision is equally binding on the parties as a court ruling, and the courts have the authority to enforce it if necessary.
Pakistan is a signatory to the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the International Convention on the Settlement of Investment Disputes. Moreover, Acts have been promulgated and amendments to existing laws have been passed by the Parliament to recognize and enforce them as binding.
Under the force of these Acts, the Courts of Pakistan have the jurisdiction to recognize and enforce the Awards rendered according to these Conventions as binding and to execute the same within its territories in the same manner as the judgment passed by the Courts in Pakistan.
Except in extremely specific instances allowed by law, arbitration rulings are final, binding on all parties involved, and cannot be challenged. Any court with authority can confirm awards, and once confirmed, they take on the same legal significance as an initial court ruling and become the rule of courts. An internal appeal procedure is included in the rules of arbitration, but it does not apply unless the parties specify it during the process of arbitration.
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