By Ahmad Ali Ghouri
Pakistan has lately reformed its arbitration legislation and legislation at the popularity and enforcement of overseas arbitration agreements and awards. those reforms relate to either overseas advertisement and funding arbitration. This e-book highlights the adjustments led to via the hot enactments and explains the relationships among the previous and new laws. It presents a close and up to date research of Pakistani case legislation on international arbitration agreements and awards. half I describes the heritage of arbitration legislation in Pakistan. half II explains the appropriate substantial and procedural ideas for the popularity and enforcement of international arbitration agreements and awards and different very important matters, corresponding to the severability of arbitration clauses from major agreements, questions of public coverage, and meantime measures helping international arbitration. half III analyses the new enactments that enforce the hot York and the ICSID Conventions in Pakistan.
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Sample text
C. Relationship Between AA and APC Respecting Foreign Arbitration 25 ordered the parties to proceed with arbitration at Islamabad. SGS then assailed this order of the trial court before LHC. However, LHC held that, inter alia, since parties had stipulated in their agreement that the place of arbitration would be Islamabad, SGS had foreclosed its door for the ICSID arbitration under Switzerland–Pakistan BIT. 87 The court, however, did not address the effect, on the parties’ main agreement and its arbitration clause, of allegations of corruption levelled against the GOP and SGS officials.
110 In another similar case,111 SHC dealt with the issue where one of the parties requested for referral of dispute to arbitration. The other party submitted to arbitration agreement and attended arbitration proceedings, and subsequently applied in the court to refer other questions arising out of the main contract to arbitration as well. 112 In Meredith Jones case, SHC observed that where a party to foreign arbitration agreement joined the arbitration proceedings but alleged that the arbitrators had no jurisdiction to entertain the dispute, the same party had not consented to the tribunal’s jurisdiction and retained a right to challenge arbitration proceedings in 105 Muhammad Wasi Saigal v.
16. 34 Analysis of the AA-APC Regime SCP in President of Pakistan case,148 while dealing with a domestic award resulting from domestic arbitration conducted under the AA provisions, found that the award could be challenged only on grounds mentioned in the AA Section 30, and not on the merits of award. SCP also clarified that while hearing objections against an award, court cannot act as a court of appeal interfering with the merits of award. From the above discussion on conditions for enforcement of different awards imposed by Pakistani law, it is clear that a foreign award is required to fulfil more conditions as compared to the conditions attached to a domestic award under the AA Section 30.