The recognition and enforcement of foreign arbitral awards in Pakistan has been a subject of significant legal scrutiny and development. The Supreme Court of Pakistan has recently issued a landmark judgment aimed at clarifying and rectifying the legal framework surrounding this issue, aligning it more closely with international standards. Historical Background Historically, the enforcement…
The pro-enforcement presumption is now well-established in Pakistan, where the doctrine continues to be regularly tested before the Pakistani courts. This blog post analyzes the latest developments under the 1958 New York Convention (“Convention”), including international precedents, and relevant Pakistani law on the recognition and enforcement of interim, foreign arbitral awards in Pakistan. The…
The obligation of contracting states to recognize arbitration agreements and refer the parties to arbitration is provided in Article II of the New York Convention 1958 (the ‘Convention’). This post will endeavor to evaluate the meaning of the phrase ‘refer the parties to arbitration’ used in Article II(3) of the Convention and whether this phrase…
Recently, the Center for International Investment & Commercial Arbitration inaugurated its Young Arbitration Group in Pakistan in a conference which attracted foreign panelists who efficaciously explained the theory and practice of international arbitration, highlighting the room for improvement in Pakistan. This has been summarized in a prior post on the Blog, which also explained that…
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”), 1958 was adopted by Pakistan on 14 July 2005 through the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance, 2005. This was re-promulgated in the years 2006, 2007, 2009 and 2010 until it was finally enacted in 2011 (“2011 Act”). …
