Why Clients Choose Awais Law Associates for Arbitration
The firm's experience includes assisting in arbitration proceedings such as Descon Engineering Ltd. v. Halmore Power Generation Company Ltd. and Imran Mumtaz v. Pakistan Public Works Department — real, named matters under LCIA rules, not a generic claim of arbitration experience.
Arbitration provides an effective alternative to court litigation for many commercial disputes, particularly those involving international parties, specialised technical issues, or the need for confidentiality. As an arbitration lawyer in Pakistan, Awais Law Associates has experience in international arbitration proceedings, including matters conducted under the London Court of International Arbitration (LCIA) rules.
This experience, together with a working knowledge of the Arbitration Act 1940 and the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011, enables the firm to advise clients on the full spectrum of arbitration-related issues.
Enforcing a Foreign Arbitral Award in Pakistan
Pakistan is a signatory to the New York Convention, and foreign arbitral awards are generally enforceable under the Recognition and Enforcement Act 2011 — though enforcement can be challenged on limited, specific grounds such as improper notice or a conflict with Pakistani public policy. A well-prepared enforcement petition anticipates these challenges rather than reacting to them.
Arbitration Clauses — Getting the Drafting Right the First Time
A poorly drafted arbitration clause — ambiguous on the seat, the rules, or the number of arbitrators — can itself become a source of dispute before the underlying disagreement is even addressed. Careful drafting at the contract stage avoids this entirely.
What We Handle
Arbitration Clause Drafting
Drafting and reviewing arbitration clauses in commercial contracts, including the seat of arbitration, governing law, number of arbitrators, and procedural rules.
Foreign Award Enforcement
Representation in proceedings for enforcement of foreign arbitral awards in Pakistan under the New York Convention and the Recognition and Enforcement Act 2011.
Court Referral & Stay Applications
Applications before courts seeking referral of disputes to arbitration and stays of court proceedings where valid arbitration agreements exist.
Mediation & Settlement
Representation in structured mediation and commercial negotiations, with objective advice regarding settlement options and litigation risk.
Domestic Arbitration
Representation in domestic arbitration proceedings under the Arbitration Act 1940, from clause invocation through award.
Arbitral Award Challenges
Representation in proceedings challenging or defending an arbitral award before the relevant court, on the limited grounds available under law.
Our Process
- Review of the arbitration agreement or clause to confirm scope and applicable rules.
- Filing for referral to arbitration (or a stay of court proceedings) where a dispute has instead been filed in court.
- Representation through the arbitration proceedings, including evidence and hearings.
- For foreign awards, filing an enforcement petition, or defending against a challenge to enforcement.
- Post-award proceedings, including any challenge or appeal available under law.
Frequently Asked Questions
Is a foreign arbitral award enforceable in Pakistan?
Yes, Pakistan is a signatory to the New York Convention, and foreign awards are generally enforceable under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011, subject to limited grounds for challenge.
What law governs domestic arbitration in Pakistan?
Domestic arbitration is primarily governed by the Arbitration Act 1940.
Can a court stop a case from going to arbitration if there's an arbitration clause?
Generally no — where a valid arbitration agreement exists, a party can apply to stay court proceedings and refer the dispute to arbitration.
What should an arbitration clause include?
At minimum, the seat of arbitration, the governing law, the number of arbitrators, the applicable procedural rules, and the language of proceedings, to avoid disputes about the clause itself later.
On what grounds can an arbitral award be challenged?
Grounds are limited and generally include procedural irregularities, lack of proper notice, or conflict with public policy — a court will not simply re-examine the merits of the arbitrator's decision.
Do you handle both domestic and international arbitration?
Yes, including matters conducted under LCIA rules and domestic arbitration under the Arbitration Act 1940.