(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)
ARBITRATION / MEDIATION LAWS IN PAKISTAN & WORLDWIDE
ARBITRATION / MEDIATION LAWS IN PAKISTAN & WORLDWIDE
Arbitration
is a legal proceeding takes place outside the Court but still results
in a final and legally binding decision similar to a court judgment.
Parties involved in arbitration are effectively opting out of the court
system and submitting their case for resolution by a neutral, third
party arbitrator. The reasons for selecting arbitration vary from case
to case. Arbitration is recognized world’s most effective legal system
after Court proceeding. It is faster, less expensive and more informal
than going to court. It also has the advantage of being private and
confidential. It opted by almost every party having agreement across the
border parties for trading and services.
Arbitration
is a method of dispute resolution in which a neutral third party, an
arbitrator, conducts hearing and / or reviews written submissions from
the parties. Upon consideration of the evidence, the arbitrator makes a
legally binding decision which can be enforced in the same manner as a
civil court judgment.
Arbitration
differs from mediation in that once you enter the arbitration process,
you are bound by the arbitrator’s decision. Mediation is a negotiation
process, in which the mediator helps the parties negotiate a mutually
acceptable solution.
Arbitration
hearings are attended by the parties involved, their attorneys, the
arbitrator, and the parties’ witnesses. Each party makes an opening
statement, presents evidence, questions and cross examines witnesses,
and makes a closing statement. During this presentation, formal rules of
evidence generally do not apply. Alternatively, arbitration can be
conducted with written submissions only in appropriate cases. The
arbitrator then renders his or her decision or award.
INTERNATIONAL ARBITRATION:
International
Arbitration has become a developed phenomenon in Alternative Disputes
Resolution (ADR). Although international and domestic arbitration are
governed under different law regimes but a friendly domestic arbitration
practice serves as a good base for international arbitration to grow in
a country. Arbitration friendliness is considered to be a requirement
for a country to progress in international arbitration.
In 1958,
Pakistan promulgated the New York Convention on Recognition and
Enforcement of Foreign Awards, 1958 (hereinafter referred as the “New York Convention”)
and came to the list of initial signatories of the Convention. Pakistan
promulgated Recognition and Enforcement (Arbitration Agreements and
Foreign Arbitral Awards) Ordinance, 2005.
BEST ARBITRATION / MEDIATION LAW FIRM / LAWYERS KARACHI PAKISTAN
For more information, please contact,
A. NAWAZ OSMANI LAW ASSOCIATES.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
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