Arbitration Act 1940 Pakistan Pdf
It is important to note that, under the REAO, there was a residual risk that awards rendered in a NY Convention country that applied Pakistani substantive law might have been characterised as a domestic award and so be subject to the enforcement provisions of the Pakistan Arbitration Act 1940. Arbitration in Pakistan though often must be supplemented with case law for clearer understanding. According to section 41(a) of the 1940 Act, the provisions of the Code of Civil Procedure 1908 (the ‘CPC’) shall apply to all proceedings before the court and to all appeals under the 1940 Act.
- Arbitration Act 1940 Pakistan Pdf Free
- Arbitration Act 1996 Pdf
- Arbitration Act 1940 Pakistan Pdf Full
. Abstract Pakistan enacted the Act of 2011 to implement the New York Convention, 1958.
Arbitration Act 1940 Pakistan Pdf Free
Section 2 of the Act, 2011 defines that foreign arbitral award is that award which is made in any of the New York Convention Contracting Sates or in such other States as may be notified by the Federal Government of Pakistan. This definition or determination of the scope of foreign arbitral award is, in fact, adaptation of principle of reciprocity provided for in the New York Convention. The New York Convention gives option to States that it can reserve application of the Convention to only those awards, which are made in the territory of another Contracting States. Pakistan availed this option and Section 2 of the Act, 2011 is not a definition of foreign arbitral award but the manifestation of that option. Admittedly, it is left with the law of the State where recognition of the award is sought to determine what constitutes an award enforceable under the New York Convention. There is no uniform approach amongst different countries on the definition of foreign arbitral award.
Arbitration Act 1996 Pdf
Arbitration Act 1940 Pakistan Pdf Full
Further, the New York Convention stipulates it application on the awards, which are non-domestic, and again there are divergent approaches on this terminology (non-domestic) as well. The chapter critically looks at the issue of enforcement of International Commercial Arbitration in Pakistan.