Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?

http://dx.doi.org/10.31703/gpr.2020(V-I).41      10.31703/gpr.2020(V-I).41      Published : Mar 2020
Authored by : Kamran Abdullah , Aisha Rasool

41 Pages : 382-394

http://dx.doi.org/10.31703/gpr.2020(V-I).41      10.31703/gpr.2020(V-I).41      Published : Mar 2020

Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?

    This paper assesses the extent to specific post-2011 Supreme which Pakistan’s arbitration regime has shown any substantive improvement against not being a pro-enforcement regime since 2011, or whether this regime has created procedural stalling by the court against delay. Based on doctrinal research into laws, the study examines the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 and Court and High Court judgments to chart the enforcement process and the recurrence of tactics to resist it. According to the findings, the Pakistani courts are moving towards an increase in a Convention-consistent position, in which recognition and enforcement represent the default and merit-based re-litigation is opposed. The article conclude that Pakistan has made doctrinal progress, but procedural drag remains a bane to predictability. It is suggested that enforcement reliability be enhanced through targeted procedural changes and the systematic handling of judicial cases. 

    Pakistan, Arbitration, 2011 Act, New York Convention, Enforcement, Public Policy, Procedural Delays
    (1) Kamran Abdullah
    Lecturer, Department of Shariah and Law, Islamia College Peshawar, KP, Pakistan.
    (2) Aisha Rasool
    Senior Director Research and Publication, Federal Judicial Academy, Islamabad, Principal Law College Gomal University, D.I.Khan, KP, Pakistan
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Cite this article

    CHICAGO : Abdullah, Kamran, and Aisha Rasool. 2020. "Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?." Global Political Review, V (I): 382-394 doi: 10.31703/gpr.2020(V-I).41
    HARVARD : ABDULLAH, K. & RASOOL, A. 2020. Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?. Global Political Review, V, 382-394.
    MHRA : Abdullah, Kamran, and Aisha Rasool. 2020. "Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?." Global Political Review, V: 382-394
    MLA : Abdullah, Kamran, and Aisha Rasool. "Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?." Global Political Review, V.I (2020): 382-394 Print.
    OXFORD : Abdullah, Kamran and Rasool, Aisha (2020), "Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?", Global Political Review, V (I), 382-394
    TURABIAN : Abdullah, Kamran, and Aisha Rasool. "Arbitration in Pakistan Post-2011 Act: Progress or Procedural Paralysis?." Global Political Review V, no. I (2020): 382-394. https://doi.org/10.31703/gpr.2020(V-I).41