Hafiz Abdul Baqi & Co

The firm acts in domestic arbitrations under the Arbitration Act 1940 and in international arbitration, including the recognition and enforcement of foreign awards in Pakistan under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011.

We also draft the arbitration clauses that determine how a dispute will eventually be resolved. A poorly drafted clause is one of the most expensive small mistakes available in a commercial contract, and it is worth a few minutes of attention at signature.

What we do

  • Drafting arbitration and dispute resolution clauses
  • Representation in domestic arbitration proceedings
  • International arbitration and institutional rules
  • Recognition and enforcement of foreign arbitral awards in Pakistan
  • Applications to set aside or remit awards
  • Interim measures in support of arbitration
  • Mediation and negotiated settlement
  • Appointment and challenge of arbitrators

How we work

Matters in this area are handled by senior counsel from first instruction to final order. We give a candid view of the merits at the outset — including where a claim is not worth running — and agree fees before work begins rather than after.

If your matter touches more than one of our practice areas, it will be dealt with by the same team rather than passed between departments.

Common Questions

Arbitration & ADR: frequently asked

Can a foreign arbitral award be enforced in Pakistan?

Yes. Pakistan is a party to the New York Convention, given effect by the 2011 Act, and awards from other contracting states can be recognised and enforced through the High Court, subject to the limited grounds of refusal set out in the Convention.

Which arbitration law applies in Pakistan?

Domestic arbitration is still largely governed by the Arbitration Act 1940, under which an award is filed in court and made a rule of court. Foreign arbitral awards are recognised and enforced under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011, which gives effect to the New York Convention.

Is mediation recognised by Pakistani courts?

Yes. Section 89-A of the Code of Civil Procedure allows courts to refer disputes to alternative dispute resolution, and the Alternative Dispute Resolution Act 2017 provides a framework in Islamabad. Mediated settlements are increasingly used in commercial, family and property disputes to avoid years of litigation.

Should my contract include an arbitration clause?

For commercial contracts, particularly with foreign parties, an arbitration clause usually offers a faster, private and more enforceable route than court proceedings. It should name the seat, the rules, the number of arbitrators and the language. A poorly drafted clause can itself become the subject of litigation.

How long does arbitration take in Pakistan?

It depends on the complexity of the dispute and the cooperation of the parties, but a well-managed arbitration is generally faster than a civil suit. Delay most often arises at the stage of making a domestic award a rule of court, when the losing party files objections.

Enquiries

Discuss a arbitration & adr matter.

An initial consultation carries no obligation, and we will tell you plainly whether the firm is the right one for the matter.

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