Reforming the Alternative Mechanisms of Dispute Resolution in Pakistan

Abstract

Pakistan has an effective Alternate Dispute Resolution laws in place, which gives breathing space to resolve dispute outside the court room. Mainly, these kinds of proceedings are governed by The Arbitration Act 1940, within the country. There are some other statutes which deal with the arbitration processes in other fields of life such as The Family law 1961, The Small Claims and Minor Offence Ordinance 2002, Code of Civil Procedure (Amendment) 2002 etc. Before 2005, there were no formulated framework or procedures implemented to govern International Arbitration in Pakistan, except, The Arbitration (Protocol and Convention) Act, 1937, to execute foreign awards. To restore the interest and attract the foreign investors in Pakistan, Parliament of Pakistan has passed “The Arbitration (The International Investment Dispute) Act” in 2011.This statute steps forward to empower International Arbitration and enforcement of foreign awards. This paper focused on macro understanding of the alternate dispute resolution mechanism existing in Pakistan. Further, it highlights the setbacks which are facing by such kind of mechanisms in the country.