IBA Karachi and CIArb Pakistan host a seminar on commercial contract dispute resolution trends

May 25, 2023: The Center for Executive Education (CEE), IBA Karachi conducted a seminar on domestic and international trends in dispute resolution of commercial contracts in collaboration with Chartered Institute of Arbitrators (CIArb) Pakistan.

The panelists for the seminar included, Dr. Martin Lau, Barrister, Member Essex Court Chambers, UK, and Professor of Law, SOAS, University of London; Mr. Nasir Khan, MBE Vice Chair CIArb Pakistan Branch and Principal, HKA United Kingdom; Mr. Syed Mustafa Mahdi, Counsel and Independent Arbitrator, Mediator, Partner at Spencer West LLPC, Pakistan and Chairperson, Arbitrations- European Commission. The seminar was moderated by Ms. Nausheen Ahmad, Barrister, Mediator, Lead Counsel at the Legal and Governance Advisory and Founder Member, IBA's Dispute Resolution Forum (IBA-DRF).

The seminar was attended by more than 150 people belonging to the legal fraternity and it aimed to highlight the importance of efficient dispute-resolution mechanisms in the context of contract implementation and performance. It brought together renowned international as well as local experts, it explored the efficacy of using mediation to settle commercial disputes both within the country and internationally. The concept and the legal framework around mediation were explored with a view to empowering businesses to choose more efficient methods of dispute resolution to enhance contract enforcement and performance.

Disputes are common in contract implementation, requiring efficient resolution methods. Litigation is often a last resort, as it disrupts contract performance and relationships. Alternative dispute resolution methods are favored in developed jurisdictions.

Globally, several countries have ratified the Singapore Convention, which now enables parties to invoke mediation to settle agreements across borders. In Pakistan, various provincial laws now facilitate parties to settle legal and commercial disputes through reference to mediation. In October 2019, IBA established a dispute resolution forum with a mediation center which has now been accredited by the Sindh High Court.

For more details on the IBA Dispute Resolution Forum: https://sdp.iba.edu.pk/drf.php.