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

See all articles by Ijaz Ali Chishti

Ijaz Ali Chishti

Supreme Court of Pakistan; Postdoc Scholar University of Portsmouth, UK

Date Written: April 9, 2018

Abstract

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.

Suggested Citation

Chishti, Ijaz Ali, Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Pakistan Perspective (April 9, 2018). 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, Available at SSRN: https://ssrn.com/abstract=3159524

Ijaz Ali Chishti (Contact Author)

Supreme Court of Pakistan ( email )

Law & Justice Commission of Pakistan, Supreme Cour
Islamabad, Islamabad 44000
Pakistan

Postdoc Scholar University of Portsmouth, UK ( email )

Portsmouth
United Kingdom
0092 333 5570628 (Phone)

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