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Pakistan – Thresholds to Stay Court Proceedings and Protect the Right to Foreign Arbitration

4 Pages Posted: 31 Dec 2013 Last revised: 10 Jan 2014

Faisal Daudpota

Advocate High Court

Date Written: December 30, 2013

Abstract

On 15 July 2011, Pakistan enacted the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011 ('REA'11'), which, per its preamble maintains that it has been enacted owing to the fact that Pakistan is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (‘New York Convention’).

REA'11 reproduces the provisions of the New York Convention within its schedule, and accordingly transposes the New York Convention into Pakistan’s national law. REA'11 also affords exclusive jurisdiction in a High Court as regards adjudications of matters that pertain to recognition and enforcement of foreign arbitration agreements and foreign arbitral awards.

Pakistan’s High Courts have had a few opportunities to closely analyze the thresholds of REA'11, and the same have been highlighted in this paper.

Keywords: International Litigation, International Arbitration, Pakistan Law, Distribution Law

Suggested Citation

Daudpota, Faisal, Pakistan – Thresholds to Stay Court Proceedings and Protect the Right to Foreign Arbitration (December 30, 2013). Available at SSRN: https://ssrn.com/abstract=2373118 or http://dx.doi.org/10.2139/ssrn.2373118

Faisal Daudpota (Contact Author)

Advocate High Court ( email )

Karachi
Pakistan

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