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77 Disp. Resol. J. 1 (2023)

handle is hein.journals/dsptrjr77 and id is 1 raw text is: 

DISPUTE
RESOLUTION
JOURNAL


A


2023  VOLUME   77


Arbitration Agreements with Pakistani Parties: A Deeper Look
                          into  the Legal   Regime


                                 OmairBajwa*



Arbitration is a widespread means of dispute resolution in international contracts
with Pakistani parties. This article provides international lawyers with an introduc-
tion to the legal framework for arbitration in Pakistan, with recommendations for
drafting arbitration clauses in transactions relating to Pakistan while avoiding pit-
falls.

I.      Pakistan's Legal Framework for   Arbitration

The legal framework  for arbitration in Pakistan is based on two instruments, the
Arbitration Act, 1940 (Arbitration Act) and the Recognition and Enforcement (Ar-
bitration Agreements and Foreign Arbitral Awards) Act, 2011 (2011 Act). The Ar-
bitration Act is a pre-partition' law adopted and continued in Pakistan and applies



* The author is a qualified lawyer and holds an LL.M. in International Dispute Resolution from
the Humboldt University of Berlin. Prior to pursuing this advanced degree, he dedicated over
four years to Cornelius, Lane & Mufti in Pakistan, significantly contributing to the firm's
expertise in dispute resolution and M&A. This article was prepared during his tenure as a
guest attorney at Amereller Rechtsanwilte PmbB in Berlin. The author expresses gratitude to
Dr Kilian Bilz and his team for their support in preparing this paper.
1 The division of the Indian Subcontinent into the two independent states of India and Pakistan
was finalized in August 1947.


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