PEARL CONTINENTAL HOTEL, LAHORE PAKISTAN - MK Consultus and CIArb Pakistan jointly held inauguration ceremony done through the conference on the “Judicial Perspectives on Domestic and International Arbitration in Pakistan” at Pearl Continental, Lahore on 27th May, 2022. The event was graced by the Honorable Chief Justice Supreme Court of Pakistan Honorable Mr. Justice Umar Ata Bandial, who joined virtually, and Honorable Justice of the Supreme Court of Pakistan Honorable Mr. Justice Syed Mansoor Ali Shah. The event was also graced by the Chief Justice of Lahore High Court Lahore Honorable Mr. Justice Muhammad Ameer Bhatti, along with Honorable j=Judges of the Lahore High Court Honorable Mr. Justice Jawad Hassan, Honorable Mr. Justice Asim Hafeez and Honorable Mr. Justice Shahid Bilal Hassan.

Mian Sheraz Javaid FCIArb, founding chair of Chartered Institute of Arbitrators Pakistan Branch, has been a driving force behind the inception of the Chartered Institute of Arbitrators (CIArb) in Pakistan. His vision, dedication, and relentless efforts spanning several years have been instrumental in bridging the gap between international arbitration standards and Pakistan's legal landscape. Collaborating with legal experts, engaging with international bodies, and navigating complex regulatory frameworks, Mian Sheraz has been steadfast in his pursuit of aligning Pakistan with global best practices in arbitration. His tireless advocacy and strategic planning finally culminated in the shape of this inauguration ceremony and the conference on “Judicial Perspectives on Domestic and International Arbitration in Pakistan”.

The conference commenced with welcome addresses by Catherine Dixon, Director General CIArb and Barrister Mian Sheraz Javaid FCIArb, founding chair of the Chartered Institute of Arbitrators Pakistan Branch. The attendees heard various panel discussions with distinguished foreign and Pakistani experts in the field comprising each panel for the first time in Pakistan.

The panel on “The role of ADR Centers and Commercial Courts in increasing Foreign Investors’ Confidence and Swift Dispute Resolution” included Honorable Justice Lahore High Court Mr. Justice Jawad Hasan as the Panel Chair, Jonathan Wood Head of International Arbitration RPC/ Chair of CIArb Board of Trustees, Mr. Toby Landau QC Barrister & Arbitrator Duxton Hill Chambers, Ms. Riffat Inam Butt Secretary Law and Justice Commission Pakistan, and Mr. Taimur Malik, Partner Clyde & Co.

Honorable Mr. Justice Jawad Hassan set the tone for the panel by providing the attendees with a brief recall of the journey of commercial courts and ADR Centers in Pakistan, and the developments over the years. He then moderated the discussion towards Pakistan, aiming for more achievable goals to promote access to justice and swift dispute resolution. The panel discussed how the commercial courts deal with complex cases arising out of business disputes.

Mr. Wood proposed the need in Pakistan for a functional Dispute Appointment Service and Business Arbitration Scheme, while Mr. Landau QC was a proponent for the strengthening of the commercial courts and arbitration systems in Pakistan above all else. He stressed that the demand of such specialist courts has erupted due to customer demands to form tribunals or courts that had knowledge and experience of commercial disputes which could determine such disputes expeditiously and economically, thereby avoiding tediously long and expensive trials with verdicts given by judges or juries unfamiliar with business practices.

Ms. Riffat Butt opined on the legislative issues hampering both commercial courts and dispute resolution mechanisms, and the antiquity of the Arbitration Act 1940. She said that “the Act is now more than a centennial old and there is a dire need for statutory update”. Ms. Riffat also highlighted the importance of the commercial courts operating in Punjab and other provinces and jurisdictions to follow suit. Mr. Malik expressed his concern on making the system more investor-friendly to facilitate swift dispute resolution.

The second panel was on the “Arbitration practice, procedure, and process. What is the role of standardization?”. The panel comprised of Honorable Justice Lahore High Court Lahore Mr. Justice Asim Hafeez, Ms. Mahnaz Malik Barrister and Arbitrator Twenty Essex Chambers London, Mr. Victor Leginsky FCIArb, Commercial Arbitrator/Accredited Mediator and Dispute Resolution Consultant, Professor Martin Lau Barrister & Arbitrator Essex Court Chambers, and Catherine Dixon, Director General CIArb.

The panel discussed the rules associated with Arbitration and ADR practice and procedures globally, and the need for Pakistan to truly ratify and incorporate these rules into the judicial system for the improvement of the capability of arbitration and other ADR practices. Honorable Mr. Justice Asim Hafeez discussed the main issues that arbitration parties face in the courts in Pakistan. Ms. Mahnaz Malik deliberated importance of further developing the procedure in domestic and international arbitration and training law enforcement professionals and judges in that regard. Mr. Leginsky, Professor Lau and Catherine discussed the issues concerning standardization of arbitration in Pakistan and the best course of action to incorporate arbitration tribunals into the existing judicial system.

The third panel discussion was “Arbitration and ADR: Global perspective and updates”, was moderated by Mohammad Zaman QC (panel chair) No.5 Barristers Chambers, Barrister Raza Mithani, Managing Partner, Conselis Law, Barrister Arshad Ghaffar, XXIV Old Buildings Chambers, Ms. Noor-ul-Aqtab Siddiqi Director Tower Bridge Solicitors, Mr. Mian Sami ud-Din Partner BNR, and Mr. Ahmad Ali Al Ansari Senior Projects Engineering Advisor President’s Office Public Works Authority, Ashghal, Qatar.

The panel went over the expansion and globalization of cross-border investment and trade and how this has led to increased and growingly complex relationships between businesses, investors, and States. This has increased the need for the preemptive measures of resolving any disputes which may arise, such as arbitration and other ADR provisions. Mr. Mohammad Zaman QC elaborated on how national laws recognize and support arbitration is a mutually exclusive alternative to litigation and as a means of finally resolving disputes.

Barrister Mithani explained the need for establishing Pakistan as a well-regarded seat of the arbitration in foreign funded projects in Pakistan, and how that is the best way to safeguard Pakistani assets. Barrister Ghaffar, shared his insights on the amendments in institutional and ad-hoc arbitrations globally. Mr. Siddiqi discussed whether parties should be compelled by law to attempt ADR, and Mr. Sami ud-Din, added to the discussion by discussed Pakistan legislation and judicial standing on the matters of arbitration and ADR, through examples of caselaw. Mr. Ahmad Ali Al Ansari provided an international perspective, focusing on the Public Works Authority in Qatar and how they have implemented ADR in their operations, emphasizing the importance of a global perspective in the development of arbitration and ADR practices.

Overall, the conference on the “Judicial Perspectives on Domestic and International Arbitration in Pakistan” was a landmark event that brought together legal luminaries, international experts, and key stakeholders in the field of arbitration and ADR. The discussions were rich, insightful, and forward-looking, setting the stage for significant reforms in Pakistan's legal landscape. The event was not only a platform for intellectual exchange but also a catalyst for change. With the guidance and insights from the Honorable Chief Justice Supreme Court of Pakistan and other esteemed justices, the conference has laid down a roadmap for the future of arbitration and ADR in Pakistan. The collective wisdom and expertise of the panelists have illuminated the path towards a more efficient, investor-friendly, and globally aligned dispute resolution mechanism in Pakistan.

The conference has undoubtedly marked a significant milestone in Pakistan's journey towards becoming a hub for arbitration and ADR. The collaboration between MK Consultus, CIArb Pakistan, and the judiciary, along with the participation of international experts, has set a precedent for future endeavors in this field. The commitment to reform, the willingness to learn from global best practices, and the determination to make Pakistan a preferred seat for arbitration are the key takeaways from this conference. The insights and recommendations from this event are expected to resonate in the legal corridors of Pakistan for years to come, shaping the future of dispute resolution in the country.