Can arbitration be effectively enforced as an Alternative Dispute Resolution (ADR) mechanism in Pakistan?

Abstract

This study aims to investigate the feasibility of implementation of arbitration as an Alternative Dispute Resolution (ADR) mechanism in Pakistan from legal, judicial and institutional perspective. The study was designed as a qualitative exploratory case study, which included semi-structured interviews with 20 participants, comprising judges, lawyers, arbitrators, and legal scholars, and the analysis of pertinent legislation, judicial rulings, and policy documents. The results showed that while arbitration is known as an alternative to litigation that is efficient and cost effective, its enforcement is limited by outdated laws, delays in the process, too much judicial interference, institutional shortcomings, and lack of awareness among legal practitioners. Participants acknowledged that arbitration holds great promise for reducing congestion in court and enhancing justice delivery, if the necessary reforms are put in place. The study recommends that the arbitration law should be modernized, institutions' capacity should be strengthened, judicial uniformity must be achieved and professional training of arbitrators must be promoted in order to boost the enforceability of arbitral awards and increase the confidence in Pakistan's ADR mechanism.