Navigating Disputes: An In-Depth Analysis of Alternative Dispute Resolution within the Framework of Arbitration Law

Authors

  • Dr. Khurram Faizan Visiting Faculty, School of Law, University of Karachi, Karachi, Sindh, Pakistan
  • Dr. Muhammad Tahir Professor, Law faculty, DIHE, Karachi, Sindh, Pakistan
  • Abdullah Jummani Deputy District Attorney, Solicitor/Law Department, Govt. of Sindh, Karachi, Sindh, Pakistan

DOI:

https://doi.org/10.47205/jdss.2024(5-I)40

Keywords:

Alternate Dispute Resolution (ADR), Applicable Laws, Arbitration Laws of Pakistan, Civil Dispute, Foreign Law

Abstract

The abstract aims to deal with valuable insights into the developing landscape of Alternative Dispute Resolution (ADR) in Pakistan and subsidize to the global discourse on actual dispute resolution process, from broad review of case studies and statutory provisions. Arbitration is an eminent, cost effective and expedite way of ADR. The significance of ADR are changing globally. So far as Pakistan is concerned, it is currently under the process of formulating legislation and regulations that would meritoriously backing the arbitration process. This study explores the ADR role with context of Pakistan’s Arbitration law and an insight over its application and difficulties thereof. This study further delves into the nuance of the role of Arbitrator and its powers. Furthermore, the research demeanors a comparative analysis, juxtaposing the arbitration laws of Pakistan with foreign laws having similar jurisdictions. It is concluded that Pakistan has to revamp its ADR laws and bring uniformity in all provincial arbitration laws as it directly effects the country’s socio-economic policy and access to justice. It is recommended that the arbitration laws be amended and latest technologies be introduced in its proceedings which will enable the inexpensive justice to the people. It is further recommended that empirical research be conducted and revisit the method of arbitral award.

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Published

2024-01-25

Details

    Abstract Views: 61
    PDF Downloads: 112

How to Cite

Faizan, K., Tahir, M., & Jummani, A. (2024). Navigating Disputes: An In-Depth Analysis of Alternative Dispute Resolution within the Framework of Arbitration Law. Journal of Development and Social Sciences, 5(1), 429–436. https://doi.org/10.47205/jdss.2024(5-I)40