Analyzing and Improving Application of Arbitration in Pakistan: A Comparative Approach

Abstract

Construction industry is responsible for generating huge revenues around the world. It has both private and public sectors incorporated in it. Due to its vastness conflicts occurrence in construction Industry are inevitable. Considering the place, time and work the professionals who are working in the Construction Industry try to resolve these disputes/conflicts with high efficiency and minimum cost incurred. Traditionally, Litigation was the go to methods for resolving the disputes but as world progresses various Alternate dispute resolution techniques have been introduced, among which arbitration is one. Pakistan also uses Arbitration like the rest of the world. But the procedures and laws that are designed to carry out arbitration are old and ambiguous. This research aims at finding the problems of the arbitration act of Pakistan and compare it with the rest of world. And as a result come up with recommendations that can be incorporated in Pakistan’s Arbitration Act. To achieve our objectives, we carry out a detailed literature review and compare various arbitration act of different countries and recommended a best arbitration procedure amongst those. Then we got expert counsel on our recommendations on the basis of which we opted or rejected various points of our outcomes. Finally, the research was concluded with adding various recommendations that were based on steps required for improvement of Arbitration in the construction Industry of Pakistan.