Pre-arbitration steps and their legal effect in commercial contracts
The binding wording of escalation clauses, the Arbitration Act, 1940, seat, governing law and limitation each matter.
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Arbitration, Mediation & ADR
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Multi-Party Contracts and the Limits of an Arbitration Clause
A commercial project may involve an employer, contractor, subcontractor, parent company and issuing bank, each bound by a different instrument.
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Recognition of Foreign Arbitral Awards in Pakistan: The Limits of Judicial Review
An arbitral award made abroad may determine the merits of a commercial dispute yet still require recognition and enforcement before assets in Pakistan can be reached. The enforcing court's task is not ordinarily to conduct a fresh trial. The applicable statutory grounds and documentary requirements are.
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Mandatory Pre-Arbitration Steps: Negotiation, Dispute Boards and Time Limits
Commercial and construction contracts often require negotiation, an engineer's determination, mediation or a dispute board before arbitration. When the relationship deteriorates, parties may be tempted to skip those steps. The legal consequence depends on the wording and purpose of the agreed.
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Choosing Pakistan or a Foreign Seat: The Enforcement Consequences of Arbitration Clauses
An arbitration clause may occupy only a paragraph of a commercial agreement, yet determine the procedure, supervisory court and recognition of the eventual award. A clause providing for arbitration 'under international rules' without an identified seat can create disputes before the merits are.
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