Arbitration Law Of Pakistan

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Arbitration Law Of Pakistan

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Author : Ikram Ullah
language : en
Publisher: Kluwer Law International
Release Date : 2021-06-18

Arbitration Law Of Pakistan written by Ikram Ullah and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-18 with categories.

Driven to a significant extent by Pakistan's rapidly growing status in trade and economic partnerships - in particular considering the country's role in the China and Pakistan Economic Corridor (CPEC) - interest in Pakistan's dispute settlement regime is on the rise. This ground-breaking book, by Pakistan's best-known arbitrator, practitioner, and legal scholar, is the first in any language to provide in-depth coverage of all significant topics of Pakistani law on both domestic and foreign arbitration, ranging from drafting of the arbitration agreement to the enforcement of arbitral awards. With comprehensive coverage of Pakistani statutes and case law affecting arbitration and bilateral investment treaties (BITs), the author describes and analyses such issues and topics as the following: concepts of separability, arbitrability, and competence-competence; rules governing the conclusion, interpretation, and enforcement of arbitration agreements; grounds on which courts assume jurisdiction; legal issues pertaining to the stay of court proceedings in relation to both domestic and foreign arbitration; constitution of arbitral tribunals; interim measures; judicial review of both domestic and foreign arbitral awards; and available remedies of appeal and revision. Positioned to become the preeminent authority on the arbitration law of Pakistan, this book will be welcomed not only by Pakistani practitioners, arbitrators, judges, students, and academics as the first practical guide to arbitration practice and procedure in their country but also by foreign practitioners approaching Pakistani courts seeking interim measures and enforcement of arbitration agreements and arbitral awards. In addition, both domestic and foreign businessmen will discover clear paths to well-informed decisions on investment and commercial issues involving Pakistan.

Law And Practice Of Foreign Arbitration And Enforcement Of Foreign Arbitral Awards In Pakistan

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Author : Ahmad Ali Ghouri
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-10-31

Law And Practice Of Foreign Arbitration And Enforcement Of Foreign Arbitral Awards In Pakistan written by Ahmad Ali Ghouri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-31 with Law categories.

Pakistan has recently reformed its arbitration laws and laws on the recognition and enforcement of foreign arbitration agreements and awards. These reforms relate to both international commercial and investment arbitration. This book highlights the changes brought about by the recent enactments and explains the relationships between the old and new legislation. It provides a detailed and up-to-date analysis of Pakistani case law on foreign arbitration agreements and awards. Part I describes the background of arbitration laws in Pakistan. Part II explains the applicable substantive and procedural rules for the recognition and enforcement of foreign arbitration agreements and awards and other important issues, such as the severability of arbitration clauses from main agreements, questions of public policy, and interim measures supporting foreign arbitration. Part III analyses the recent enactments that implement the New York and the ICSID Conventions in Pakistan.

Interim Measures In Arbitration Under The Pakistani Legal Regime

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Author : Ikram Ullah
language : en
Publisher:
Release Date : 2015

Interim Measures In Arbitration Under The Pakistani Legal Regime written by Ikram Ullah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.

One of the reasons for the failure of arbitration in Pakistan is the inefficacious law on interim measures. A party can get these measures from court only after the commencement of requisite proceedings and after following a very lengthy procedure in an environment where the courts have tendency to go into the merits of dispute at this preliminary stage. The new proposed law on arbitration should not only remove these lacunae in the present law but should also modernize the arbitration law in Pakistan by giving the arbitrator power to issue an ex parte interim measures also enforceable against the non-parties. Since, the conferral of such powers to a private person, who is not appointed as a judge by state, is not new in Pakistan, it is suggested to incorporate in the new proposed law the amendments in the United Nations Commission on International Trade Law (UNCITRAL) Model Law regarding the interim measures as were made in 2006 because that is also compatible to the Pakistani legal culture.

The Arbitration Laws

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Author : Merajuddin Farani
language : en
Publisher:
Release Date : 1971

The Arbitration Laws written by Merajuddin Farani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Arbitration and award categories.

Fundamentals Of International And Domestic Arbitration

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Author : Komal Anwar
language : en
Publisher:
Release Date : 2019

Fundamentals Of International And Domestic Arbitration written by Komal Anwar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.

Law And Practice Of Foreign Arbitration And Enforcement Of Foreign Arbitral Awards In Pakistan

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Author : Dr Ahmad Ghouri
language : en
Publisher:
Release Date : 2013

Law And Practice Of Foreign Arbitration And Enforcement Of Foreign Arbitral Awards In Pakistan written by Dr Ahmad Ghouri and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.

Pakistan has recently made extensive reforms of its arbitration laws, which relate to both international commercial and investment arbitration. These reforms amend laws on the recognition and enforcement of foreign arbitration agreements and awards in Pakistan and aim to modernize the applicable laws as well as fulfil Pakistan's obligations under the New York and the ICSID Conventions. This is the first book to present a comprehensive picture of international arbitration from a Pakistani perspective. It explains the relationship of old and new Pakistani arbitration laws and elaborates the changes brought about by the new enactments and gives an in-depth and up-to-date analysis of Pakistani case law dealing with foreign arbitration agreements and awards and provides detailed account of the transition that foreign arbitration laws went through since the independence of Pakistan in 1947. Part (I) describes the background of foreign arbitration laws in Pakistan. Part (II) explains, in the light of case law, the applicable substantive and procedural rules that different enactments provide for the recognition and enforcement of foreign arbitration agreements and awards in Pakistan. Discussion on how Pakistani courts deal with important questions such as severability of arbitration clause from main agreement, public policy issues relating to foreign arbitration, and interim measures aiding foreign arbitration are also included in this part. Part (III) analyses recent enactments that implement the New York and the ICSID Conventions in Pakistan, and explains the changes brought about by these enactments in the existing foreign arbitration regime.This concise book is designed to meet the needs of a practitioner, student or business person to obtain an understanding of Pakistani arbitration laws quickly. The book is compact and readable, but comprehensive in its coverage, and discusses and analyses the most recent developments in Pakistani arbitration laws, rules and procedures.

Manual Of Arbitration Laws In Pakistan

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Author : Pakistan
language : en
Publisher:
Release Date : 2009

Manual Of Arbitration Laws In Pakistan written by Pakistan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Arbitration and award categories.

Arbitration And Contract Law In Saarc Countries With Case Law On Uncitral Model Law

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Author : G. K. Kwatra
language : en
Publisher:
Release Date : 2004

Arbitration And Contract Law In Saarc Countries With Case Law On Uncitral Model Law written by G. K. Kwatra and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Arbitration and award categories.

Pervasive Problems In International Arbitration

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Author : Loukas A. Mistelis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01

Pervasive Problems In International Arbitration written by Loukas A. Mistelis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.

"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Enforcement Of Foreign Arbitral Awards And The Public Policy Exception

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Author : Bruno Zeller
language : en
Publisher: Springer Nature
Release Date : 2021-07-22

Enforcement Of Foreign Arbitral Awards And The Public Policy Exception written by Bruno Zeller and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.

The book presents arguments derived from primary sources related to international arbitration in South Asian jurisdictions, a list of the same is made available therein. The book is a research statement on the contemporary concerns within international commercial arbitration, especially related to enforcement of foreign arbitral awards. Importantly, the book through a unique methodology of interface, presents the gratuitous nature of Article 34 of the UNCITRAL Model Law when read with Article V of the New York Convention, especially the plea to the States within Article VII of the same Convention to ease the restrictions and the process of enforceability of foreign arbitral awards. The book also articulates another important and immediate need with regard to international arbitration – the delimitation of public policy exception to recognition and enforcement of foreign arbitral awards. It critiques the jurisprudence related to arbitration in jurisdictions spread across different geographic regions, thereby enabling the reader to gain an insight into their practices, apart from ensuring a comparative perspective. The book addresses the primary concern related to international arbitration – enforcement of foreign arbitral awards and the grounds for challenges articulated within the New York Convention and the UNCITRAL Model Law. It addresses these grounds, and articulates the necessity for carving the criteria for the application of public policy exception. The book will not only be a useful resource for policy makers, students and researchers interested in international commercial arbitration, and private international law, but also for practitioners working on dispute resolution in trans-jurisdictional disputes in South Asia and beyond. “...The present book is not just another book contributing to the endless list of literature already widely used in International Commercial Arbitration on public policy but, in my opinion, is unique in many respects. The distinguishing factor of this book is its regional perspective..." - Justice Deepak Verma, Former Judge of Supreme Court of India and Arbitrator “...This book addresses this core element of the success story of arbitration: enforcement and refusal to enforce and, hence, its relevance cannot be overstated...” - Csongor István Nagy, Professor of Law and Head, Department of Private International Law, University of Szeged, Hungary Detailed Forewords are available in the book and can be freely downloaded from https://link.springer.com/book/10.1007/978-981-16-2634-0