Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Pakistan Perspective
Chishti I.A. (2017) Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Pakistan Perspective. In: Garimella S., Jolly S. (eds) Private International Law. Springer, Singapore
Posted: 17 Jan 2020
Date Written: April 9, 2018
Pakistan enacted the Act of 2011 to implement the New York Convention, 1958. Section 2 of the Act, 2011 defines that foreign arbitral award is that award which is made in any of the New York Convention Contracting Sates or in such other States as may be notified by the Federal Government of Pakistan. This definition or determination of the scope of foreign arbitral award is, in fact, adaptation of principle of reciprocity provided for in the New York Convention. The New York Convention gives option to States that it can reserve application of the Convention to only those awards, which are made in the territory of another Contracting States. Pakistan availed this option and Section 2 of the Act, 2011 is not a definition of foreign arbitral award but the manifestation of that option. Admittedly, it is left with the law of the State where recognition of the award is sought to determine what constitutes an award enforceable under the New York Convention. There is no uniform approach amongst different countries on the definition of foreign arbitral award. Further, the New York Convention stipulates it application on the awards, which are non-domestic, and again there are divergent approaches on this terminology (non-domestic) as well. The chapter critically looks at the issue of enforcement of International Commercial Arbitration in Pakistan.
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