Commentary relevant to Arbitration, Mediation & ADR.
Read analysis by legal discipline. Articles appear only after editorial approval and publication.
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.
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.
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.