The Chartered Institute of Arbitrators (Ciarb), Pakistan Branch (under the auspices of Ciarb United Kingdom) organized Pakistan International Dispute Weekend (PIDW) 2023 a 2-Day International Law Conference at Pearl Continental Hotel, Lahore on 20th – 21st May 2023. On the directions of the Hon’ble Chief Justice Lahore High Court, Lahore, Punjab Judicial Academy participated in the said conference.
Mr. Ashtar Abbas, Acting Director General, along-with Mr. Tariq Iftikhar Ahmad (Director Training-Distance Learning), Ms. Bushra Zaman (Director Research & Publication), Mr. Mansoor Ahmad Khan (Director Programme / Academic), Mr. Saboor Ahmad Khan (Additional Director) and Dr. Imran Mujaddid Rabbani (Instructor IT) from Punjab Judicial Academy attended the conference.
The primary purpose of PIDW’23 was to bring reforms in Pakistan’s traditionally litigious legal system through the international experience sharing, promotion of dialogue and awareness. PIDW23 presented constructive and meaningful dialogue with panel discussions facilitated by Hon’ble Judges representing all over Pakistan and Legal practitioners from all over the world. It also included representative from ADR Centres such as Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC), the Attorney General of Pakistan and leading business community members from the Construction, Power and Energy Sectors.
On the second day of the Conference, they launched “The Young Members Group (YMG) Ciarb Pakistan”, dedicated to bringing together legal practitioners under the age of 40 who are committed to the field of Alternate Dispute Resolution in order to build their careers in a highly dynamic and fast-growing world.
The international Law Conference provided a platform for networking lounge that allowed participants to curate strategic and synergistic relationships, enabling them to boost their connections and careers by interacting with global leaders and experts from legal fraternity.
Judges from Lahore High Court, Lahore, Sindh High Court, Balochistan High Court, Islamabad High Court, Pakistan High Court and retired Judges of Supreme Court of Pakistan participated in the event. The international Scholars / Experts also joined the Panel discussion and shared their thought provoking experiences.
Panel No. 1 - Promoting better practice in Dispute Resolution: Why should courts be the last resort?
Along with other members from different institutions, his lordship Mr. Justice Shahid Jamil Khan, Lahore High Court, Lahore was also in the panel and during panel discussion, the Hon’ble Judge shared steps taken by the Hon’ble Lahore High Court, Lahore in reducing the pendency in recent past using ADR mechanism in Lahore High Court and its positive impacts on the audience.
Panel No. 2 - Charting the course of Mediation in Pakistan: Should Pakistan be a signatory to the Singapore Mediation Convention.
The panellists agreed on becoming signatory to the Singapore Mediation Convention, that will not only increase the visibility of Pakistan in international, rather, would also help in resolving of disputes more effectively representing Pakistan in international and national courts of arbitration and further build confidence of the investors to invest in the country.
Panel No. 3 - Construction Disputes in Pakistan: How should Pakistan deal with CPEC dispute?
During the panel discussion Hon’ble Mr. Justice Mushir Alam (Rtd), Former Judge of the Supreme Court of Pakistan and Hon’ble Mr. Justice Asim Hafeez, Lahore High Court, Lahore shared their thoughts and wisdom on the topic. Justice Hafeez emphasized that the reforms in the judicial system of arbitration should be made at grass root level, especially with respect to construction disputes, to resolve the dispute more amicably and in a short time of period, reducing burden on the regular courts.
Panel No. 4 - Pro-enforcement attitude and the prospects of establishing Pakistan as a regional seat of arbitration.
The panel strongly supported in idea of establishing Pakistan as a regional seat for arbitration. Hon’ble Mr. Justice Jawad Hassan, Lahore High Court, Lahore speaking on the occasion, highlighted three key components of Arbitration with respect to Pakistan,
- 1) Recognition,
- 2) Enforcement and
- 3) Execution, for which he said that young lawyers be educated to have specific skill set needed for becoming arbitrators.
Panel No. 5 - Identifying key challenges and weaknesses: Are robust reforms the only way forward in Pakistan’s litigation landscape?
Hon’ble Mr. Justice Babar Sattar, Islamabad High Court, Islamabad, Hon’ble Mr. Justice Syed Muhammad Attique Shah, Peshawar High Court, Peshawar, Hon’ble Mr. Justice Yousuf Ali Sayeed, Sindh High Court, Karachi and Hon’ble Mr. Justice Abid Hussain Chattha, Judge Lahore High Court, Lahore graced the panel and shared their experience and vision with respect to identifying the key challenges and weaknesses, they further agreed that robust reforms was the only way forward in Pakistan’s litigation landscape.
Panel No. 6 - How is Pakistan faring in its performance before the international dispute forums; Lessons and Challenges?
Esteemed speakers shared their expertise, shedding light on various dimensions of dispute resolution and lack of preparedness before appearing in the International Arbitration Courts, resulting in losing the cases. They emphasized for acquiring special education / skill sets for becoming good arbitrators.
Panel No. 7 - Introduction of Pakistan’s proposed Domestic Arbitration Act 2023?
Among the other members of the Panel, Hon’ble Mr. Justice Muhammad Raza Qureshi, Lahore High Court, Lahore speaking on the occasion, said we must explore the key topics such as arbitration, legal challenges, and the role of the judiciary in dispute resolution, however, the panellist were of the opinion that the Domestic Arbitration Act should not be curtailed to only provinces, rather this should be a document enacted by the Federal Government that would be binding on all the provinces.
Panel No. 8 - Navigating and building a career in arbitration as a young practitioner?
The Young Members Group (YMG) already in the field of International Arbitration, while discussing with regards career opportunities and path for the young lawyers for becoming arbitrators, advised the young lawyers to acquire the skills, knowledge and expertise in the field of international arbitration before actually appearing in the courts for arbitration. Further, the panellists discussed crucial topics, such as international arbitration, best practices, and the role of professional organizations in promoting effective dispute resolution with respect to Pakistan and its Judicial System.
Panel No. 9 - Upholding the rule of law; Perspective, progress and reform keynote?
Together, these panellists critically analysed and evaluated the traits for becoming an effective arbitrator, they said the following are essentials:
- Legal advocacy,
- Training,
- Knowing the evolving landscape of dispute resolution.
They discussed diverse perspectives and insights in thought-provoking conversations.
In addition to panels discussion and keynote speeches, the following also addressed the participants of the Conference:
- Hon’ble Mr. Justice Muhammad Ameer Bhatti, Chief Justice, Lahore High Court, Lahore
- Hon’ble Mr. Justice Naeem Akhtar Afghan, Chief Justice, Balochistan High Court, Quetta
- Hon’ble Mr. Justice Jawad Hassan, Judge, Lahore High Court, Lahore.
The Hon’ble Chief, Justice Bhatti shared the effortless working of Lahore High Court in dispensation of Justice and reducing the backlogs.
The Academy’s representative took keen interest in the panel discussion and gain fresh knowledge on the international Arbitration and its implementation concerns in Pakistan Judicial system to reduce the burden on main stream courts of law.
Speeches Videos of Hon'ble Judges Lahore High Court, Lahore: