Hope, Courage & Confidence: reflections on ADR in Pakistan.
Leonora Riesenburg And Arran Dowling-Hussey from 4-5 Gray’s Inn Square’s International Arbitration Group reflect on 2024’s Pakistan International Disputes Weekend which they attended in May.
About one in every thirty people alive today lives in Pakistan. The near a quarter of a billion population is presently growing each year by around 5 million about the size of Scotland. The vast 350,000 square mile large country is by area roughly the size of the United Kingdom and France combined. Bordered by China to the North, India to the East, Iran to the South and Afghanistan to the West the strategic importance of the country is shown by inter alia the China Pakistan Economic Corridor which has seen Chinese investment of more than $65 billion. Historically domestic, and international, dispute resolution, in Pakistan, has not focused on Alternative Dispute Resolution (‘ADR’) to the degree that has been seen in other countries. Concerted efforts are now being made to increase ADR capacity in Pakistan. This is showcased by the annual Pakistan International Disputes Weekend (‘PIDW’). The second edition of PIDW was recently held in Karachi from May 11th to May 12th.
It is sometimes forgotten that ADR does not operate in isolation and as a rival to court-based litigation but rather as a supportive adjunct. Arbitration awards have to be enforced by way of an application to court. Litigation is adjourned to allow for mediation. Efforts in any jurisdiction to build capacity in terms of usage of mediation and arbitration will not work unless there is fulsome ‘buy in’ from the judiciary. The obvious support for PIDW from the judiciary of Pakistan is a statement of intent that should not be overlooked.
Following the inaugural PIDW the Chief Justice of Pakistan initiated an Arbitration Law Review Committee which a few days before the second edition of PIDW submitted its proposed Arbitration Bill, 2024, to the federal law minister. The adoption of best practice legislation is sign of a jurisdiction changing, that will continue to change.
This follows the revolutionary movement in mediation in Pakistan, with in recent, legislation promulgated to establish and support the institutionalisation of mediation across all country states. The Punjab Alternative Dispute Resolution Act 2019 and the Sindh Alternative Dispute Resolution Act 2017 have given statutory recognition to mediation and provide for the establishment of mediation centres and training programmes for mediators. Since, as part of a court annexed mediation scheme, the Lahore High Court and the Sindh High Court have both established mediation centres to facilitate the resolution of disputes outside of the court room. Member of chambers, Leonora Riesenburg, lead the first ever Chartered Institute of Arbitrators (CIArb) mediation accreditation training in Pakistan to support the development of a robust ADR ecosystem for a cohort of 50 individuals hand-selected by the Judiciary (to include members of the bench and state advocates), training held in September 2022 under the auspices of the Islamabad High Court (IHC), and the Federal Judicial Academy (FJA) in Islamabad in conjunction with Pakistan’s Legal Aids Society (LAS).
A series of reforms are noteworthy. Without wishing to list every amendment, the Gilgit Baltistan Mediation Bill 2023 serves to lay the foundation for mediation across the country, allowing for all civil, family, commercial and similar disputes, along with compoundable criminal offences with punishments up to three years to be mediated. The speed of Pakistan’s reform is nothing short of phenomenal.
It is reported that the backlog of cases sitting in courts across Pakistan exceeds 2 million cases, with some 4300 judges across the country to adjudicate them. According to official figures from the Law and Justice Commission of Pakistan, on average it takes 15 years for a civil case to conclude. In speaking to delegates in attendance at PIDW 2024, it become apparent that in some cases, including notably property disputes, litigants may not see a final judgment in their lifetime, leaving it to descendants to either see the battle through or to reap whatever benefit is left behind. To most, ADR is hailed not only as a solution to the problem, but a saviour.
It is undisputed that Pakistan’s ADR revolution has already elevated ADR, notably arbitration and mediation, to centre stage of the Country’s justice system. There is no doubt that the movement will continue in good stead and lend to further developments that align with the overall objective of both empowering choice but more importantly addressing the Court backlog and resourcing challenges when faced with such a huge population and huge burden on the state courts. To borrow a resonant phrase from Pakistan’s history- it is clear that there is the hope, courage and confidence to further develop ADR in the jurisdiction which allowing for its size and import will bring further changes in the years ahead.
Members of 4-5 Gray’s Inn Square Chambers International Arbitration Group regularly act in arbitrations as counsel, or arbitrator in the Middle East and North Africa Region/ South Asia and North Africa. Queries as to the professional availability of members of the group can be directed to Deputy Head Clerk Stephen Somerville on + 44 (0)20 7670 1545 or by email to [email protected]
