CIArb Holds its First Event in Karachi

10-03-2021
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KARACHI, PAKISTAN - In a landmark event, the Chartered Institute of Arbitrators (CIArb) held its first-ever gathering in the bustling city of Karachi. The event was organized in the prestigious auditorium of the Karachi Bar Association, one of the oldest and most respected legal institutions in Pakistan.

The Karachi Bar Association, founded in the early 20th century, stands as a beacon of legal excellence and tradition in Pakistan. With a history that spans over a century, it has been home to some of the country's most distinguished lawyers and jurists. The association has played a pivotal role in shaping the legal landscape of Pakistan, upholding the rule of law, and promoting justice.

Mian Sheraz Javaid, the nominated chair of CIArb Pakistan branch, delivered an inspiring speech, emphasizing the importance of Alternative Dispute Resolution (ADR) in the modern legal system. Mr. Tim Cadman, Director of CIArb, and Mr. Naeem Qureshi, President of the Karachi Bar Association, also graced the event with their insightful speeches.

Lawyers from various parts of the country were invited as the audience, and Mian Sheraz delivered a lecture to them, sensitizing them to the concept of ADR, a relatively new concept in Pakistan. The audience was educated on the advantages of ADR and how it can be a tool to discourage litigation, as Abraham Lincoln once said, "Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser in fees, expenses, and a waste of time."

The event delved into the scope, nature, techniques, and historical view of ADR. ADR was introduced not as a new institution, but as a pre-existing fully established one, with popularity spreading across the globe with various factors favoring its process like expeditious and inexpensive justice, confidentiality, efficiencies in terms of time saving, extent of parties' control and its much popular preference over litigation.

Various aspects were explored, including negotiation, mediation, conciliation, arbitration, and the comparison between ADR and traditional litigation. Pakistan, lacking decades behind the international best practices of ADR, follows traditional litigation which resolves disputes through a Court with a judge or jury. It is subject to strict rules imposed by law governing the conduct of the proceeding, such as the formal rules of evidence. Arbitration however is private process whereby parties work with a neutral third party to hear both sides and make a final and binding decision, using agreed-upon rules governing how the process will work. Its benefits like flexibility and control, speedy remedy, low cost, simplified rules of evidence and discovery, privacy and confidentiality, choice of own arbitrator and finality of awards. The event also covered judicial trends on ADR, legislation on ADR in Pakistan, and new areas for the adoption of ADR, including various acts and ordinances.

Lawyers were encouraged to get ADR training to stay abreast of global trends, enhance their professional skills, and provide more efficient and cost-effective solutions to their clients. By incorporating ADR into their practice, lawyers can offer a broader range of services to their clients. This diversification not only enhances their professional portfolio but also allows them to cater to clients who prefer alternative methods of dispute resolution. Lawyers practicing ADR can also offer their clients a quicker and less expensive path to resolution, making legal services more accessible to a wider population. ADR often results in solutions that are more tailored to the specific needs and interests of the parties involved. This personalized approach can lead to higher client satisfaction and foster long-term relationships. Furthermore, since the legal environment is constantly evolving, and ADR is becoming an increasingly important part of the legal landscape - lawyers who adapt and incorporate ADR into their practice will be better positioned to meet the changing needs and expectations of their clients. Overall the benefits of learning and practicing ADR for lawyers in Pakistan are multifaceted and far-reaching. From enhancing professional skills to contributing to societal well-being, ADR offers a promising avenue for lawyers to grow, innovate, and lead in their practice.

The CIArb's first event in Karachi marked a significant step towards promoting ADR in Pakistan. It brought together legal experts and practitioners to explore, discuss, and advocate for a more flexible and efficient legal system. The event not only educated but also inspired lawyers to adapt to the evolving legal environment and to consider ADR as a vital tool in their practice. The success of this event is a testament to the growing recognition of ADR in Pakistan and a promising sign for the future of dispute resolution in the country.

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