Law and Practice of Foreign Arbitration and Enforcement of by Ahmad Ali Ghouri

By Ahmad Ali Ghouri

Pakistan has lately reformed its arbitration legislation and legislation at the reputation and enforcement of overseas arbitration agreements and awards. those reforms relate to either foreign advertisement and funding arbitration. This ebook highlights the adjustments caused by means of the new enactments and explains the relationships among the previous and new laws. It presents a close and up to date research of Pakistani case legislations on overseas arbitration agreements and awards. half I describes the historical past of arbitration legislation in Pakistan. half II explains the appropriate important and procedural ideas for the popularity and enforcement of overseas arbitration agreements and awards and different very important concerns, comparable to the severability of arbitration clauses from major agreements, questions of public coverage, and meantime measures aiding overseas arbitration. half III analyses the new enactments that enforce the hot York and the ICSID Conventions in Pakistan.

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This clarifies that the application under REFA Sections 4 and 6 would not amount to a regular suit within the provisions of the Code of Civil Procedure, and will be exempt from an ad valorem court fee under the Court Fee Act. REFA Section 5 requires furnishing of documents by a party applying for the enforcement of foreign award in accordance with the New York Convention Article (IV). 7 3 Section 2(d). aspx? src=LON&id=544&lang=en 6 Sections 3(2) and 3(3). 7 Section 8. ‘‘8. ’’ 4 A. General Scheme of REFA 41 1.

AIDA Section 3 (1). Section 4 (b). Section 4, first paragraph. B. 29 It is important to note that there is no provision in AIDA that declares the finality of award once it is registered. This is incompatible with the ICSID Convention Article 53, and may lead to uncertainties regarding the finality of ICSID awards in Pakistan. It is also noteworthy that the words used in ICSID Convention’s Article 54 regarding the recognition and enforceability of an ICSID award are: [C]ontracting State shall recognise an award … as if [it] were a final judgement of a court in that State.

1990 MLD Karachi 857). 117 Messrs Yangtze (London) Ltd. v. Messrs Barlas Bros. (Karachi) (1961 PLD Supreme Court 573). 118 Hitachi v. (f). See also China National Machinery Import and Export Corporation v. Tufail Chemical Industries Ltd. (2005 CLD Karachi 1577). 123 Hitachi case has also clarified that APC could apply to even a domestic arbitration provided the requirements of the APC Section 2 and 9 (b) are met. In other words, an award from arbitration conducted in Pakistan could also be treated as a foreign award if APC could be made applicable to such award.

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