Arbitration & Alternative Dispute Resolution

The Legal Accord provides strategic advice and representation in arbitration, mediation and alternative dispute resolution (ADR) proceedings. We assist individuals, businesses and organizations in resolving commercial and other disputes efficiently while protecting their legal and commercial interests.

From drafting and reviewing arbitration agreements to conducting arbitral proceedings and seeking recognition or enforcement of awards, our lawyers provide assistance throughout the dispute resolution process.

Overview:

Arbitration and ADR offer parties alternatives to conventional court litigation and can provide greater flexibility, confidentiality and procedural control, particularly in commercial and contractual disputes.

In Pakistan, domestic arbitration is principally governed by the Arbitration Act, 1940, while recognition and enforcement of qualifying foreign arbitral awards is governed by the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011, which gives effect to Pakistan’s obligations under the New York Convention. The Alternative Dispute Resolution Act, 2017 also provides a statutory framework for ADR in matters within its applicable jurisdiction.

Our Approach to Arbitration & Dispute Resolution

At The Legal Accord, we begin by examining the underlying agreement, arbitration clause, applicable law, jurisdiction and commercial objectives of the client.

Where a negotiated settlement or mediation can achieve an effective outcome, we explore those options. Where arbitration is necessary, we assist clients in developing and presenting their case, handling procedural and evidentiary issues, and pursuing appropriate remedies before the arbitral tribunal and competent courts.

Our focus is on achieving a practical, efficient and commercially sensible resolution while safeguarding our client’s legal position.

Matters We Handle

Our Arbitration & ADR practice includes:

  • Domestic commercial arbitration
  • International and cross-border arbitration
  • Contractual and commercial disputes
  • Construction and infrastructure disputes
  • Corporate and shareholder disputes
  • Settlement agreements and dispute resolution strategy
  • Partnership and joint venture disputes
  • Banking and financial disputes
  • Real estate and development disputes
  • Arbitration agreements and clauses
  • Appointment and challenge of arbitrators
  • Mediation and negotiated settlements
  • Interim and protective relief
  • Conduct of arbitral proceedings
  • Challenges relating to arbitral awards
  • Recognition and enforcement of foreign arbitral awards
  • Mediation and negotiated settlements

For foreign awards, Pakistan’s 2011 Act provides for recognition and enforcement of arbitration agreements and foreign arbitral awards and identifies the competent “Court” for matters arising under that Act.

Domestic & International Arbitration

Our lawyers advise clients on both domestic and international arbitration, including disputes arising from commercial contracts and cross-border transactions.

For domestic proceedings, we advise on matters arising under the Arbitration Act, 1940, including arbitration agreements, reference of disputes, arbitral proceedings, awards and related court proceedings. Pakistan also has separate statutory frameworks concerning foreign arbitral awards and international investment disputes.

We also assist clients with the recognition and enforcement of qualifying foreign arbitral awards under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011.

Legal Guidance Tailored to Your Dispute

Every dispute requires a strategy suited to its contractual, legal and commercial circumstances. The Legal Accord works closely with clients to assess the strengths and risks of their position and determine whether arbitration, mediation, negotiation or litigation offers the most appropriate course.

Our objective is to resolve disputes effectively while protecting our clients’ rights, commercial relationships and long-term interests.

Need advice on an arbitration or commercial dispute? Contact The Legal Accord to discuss your legal options.