YAG Blog

Back in 2016, while I was working at a litigation law firm in Karachi, my boss assigned me a research project which involved research and analysis of issues related to challenging the validity of an arbitration agreement. While I was intrigued by the subject, I lacked extensive knowledge of the relevant issues.  In order to acquaint myself with these issues, I started reading several text books, case law and articles to understand how arbitration works and the ways in which an invalid arbitration agreement could be challenged successfully.

At first sight, the decision of the Supreme Court may seem uninteresting as it upholds the
decisions of the Lahore High Court and merely rejects a somewhat desperate attempt to avoid
arbitration by the Appellants. However, it is a seminal decision in two respects. Firstly, it sets
out the law on Competence-Competence in clear terms which was previously not entirely
clear from the earlier jurisprudence as developed by the Pakistani Courts. Secondly, it deals
in depth with the law regarding Take or Pay clauses.

Pakistan’s recent Supreme Court judgment titled “Orient v SNGPL” is being widely hailed as a landmark judgment in the realm of international arbitration. It has deservedly generated a lot of excitement for its analysis of critical issues and enunciation of principles including kompetenz-komeptenz, incorporation of an arbitration clause in the case of multiple contracts and public policy as a guise for refusing enforcement of foreign arbitral awards.

  Whether young lawyers should serve as arbitrators- Stacking the deck of justice Sarmad Sattar / May, 2022   Only a few decades ago, there was widespread belief that lawyers had no legitimate place in collective bargaining or arbitration. By training and experience, it was felt, they were conservative, enamored of…

Minimal intervention principle: A look across the border Sarmad Sattar / June, 2022   There are currently two pieces of legislations dealing with Arbitration in Pakistan; the Arbitration Act, 1940, and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011. It is indeed striking to note that…

Intellectual Property and Arbitration in Pakistan Aleezay Saeed / August, 2022 Intellectual Property Law is rapidly gaining credence in Pakistan as businesses are increasingly becoming aware of the laws that protect their unique trade secrets, copyrights, patents and trademarks. Although the Intellectual Property Organization (IPO) was set up as an autonomous…

The Difference Between Domestic and International Arbitration Laiba Amjad Lone / October, 2022. This article seeks to briefly evaluate the difference between international and domestic arbitrations in Pakistan. Alternative Dispute Resolution (ADR) is an option available to parties who seek to resolve disputes without participating in the adjudications before courts.…

ARBITRATION AGREEMENTS Jowaria Tariq / April, 2023 The rising stance of Pakistani legal system towards arbitration and the support it has received from the Judiciary and international arbitral platforms working for its efficient application in different jurisdictions, have made us redefine how we see Arbitration. At present the laws governing…

The Intersection of AI and International Arbitration: Promises and Pitfalls Muhammad Siddique Ali Pirzada / August 2024   The rapid transformation of Artificial Intelligence (AI) from a mere catchphrase to a pivotal technological force has been nothing short of extraordinary. According to a recent study by Goldman Sachs, AI has…

One-Sided Arbitration Clauses in Pakistan Government Contracts Hamza Nizam Kazi / August 2024   Asymmetrical arbitration clauses, also known as “unilateral option” or “asymmetrical” arbitration clauses, refer to clauses that allow only one party to a contract to choose to initiate arbitration, while the other party must resort to the courts…