Experts are busy in doing research in different areas of International Law with particular reference to analyse implications of proposals regarding UN Reforms.
International Trade Law
Dispute resolution by amicable means i.e. arbitration, ADRs or other agreed means is one of the feature of International Law and particularly the International Trade Law. There is not a single facility of ADR in Islamabad, the Federal Capital of Pakistan, except some individual arbitrators. To realize this aspect and necessity the Centre has established the Islamabad Centre for Arbitration and Resolution of Disputes(ICARD) to resolve all national and international disputes amicably. The ICARD is established with following Aims and Objectives:
There is no doubt that difference of opinion is an ordinary phenomenon in social life. Such differences are resolved by the people amicably themselves or through efforts of their relatives, friends or other respectable and trustworthy persons. Influential persons of a locality or an area play their roles for resolution of disputes amongst the people of locality or area through traditional means which are known as “Panchayat” or “Jirga”, etc. There are different words or terminology used to state such dispute resolution methods. Thus, the Panchayat or Jirga, etc., are the ancient means of dispute resolution, whether social or business and commercial disputes.
However, differences of opinion in business and commercial matters cost the parties heavily. Parties suffer in terms of their cost factor as well as increase or decrease in worth of subject-matter with passage of time.
Although the Constitution of the Islamic Republic of Pakistan in its Preamble, Articles 4, 8, 10A and 175 provides about basic principles of justice, rule of law and administration of justice through courts established under the Constitution or law. There is Supreme Court of Pakistan, High Courts, Federal Shariat Court and other Courts which are administering justice in Pakistan. However, due to large number of cases it is difficult for courts to decide cases speedily or within a reasonable timeframe even after best efforts. Litigant public has to wait for settlement of their disputes by the courts for years. There is also cost of litigation in the form of Court-fees and professional fees of Lawyers/Advocates in addition to other miscellaneous expenses by the parties on their cases.
In ordinary matters the litigant can wait for years but in business matters it is practically difficult to wait for a long time as the business worth or importance of subject matters is either decreased or increased with changed circumstances. Thus, business community is always making efforts to resolve their disputes outside courts to save their time and money.
Due to delayed justice from the courts of law throughout world, there are trends to resolve the disputes through alternative methods instead of resorting to courts of law to avoid cost of litigation and save precious time ordinarily spent in litigation.
Thus, in this way, with the passage of time, the concepts of Arbitration, Mediation, Conciliation, Negotiation, Pre-Trial Assessment, Mini-Trial, Expert Opinion and Alternative Dispute Resolution Methods (ADRMs) are becoming popular amongst ordinary people and business community.
With the passage of time, the Arbitration has developed the most effective method of resolution and settlement of business and commercial disputes. It has also taken an institutional form with the establishment of local, regional, national and international arbitration for a. In Pakistan although traditional Panchayat or Jirga, etc., systems are being effective used by ordinary people but its modern form Arbitration is least used in Pakistan. However, due to overburdened courts, court-fees, professional fees of Lawyers/Advocates and other miscellaneous expenses, there is a realization in business and trading community to resort Arbitration for resolution and settlement of their business and commercial disputes.
In Islamabad, the Asian Arbitration Centre was established in the year 2010 by our law firm but there was a lukewarm response from the business and trading community. However, with passage of time and more emphasis added by the Government regarding resolution of disputes by Arbitration and ADRs, it is now again realized that there should be a state of the art facility providing Arbitration, Mediation, Conciliation, Negotiation, Pre-Trial Assessment, Mini-Trial, Expert Opinion and Alternative Dispute Resolution Methods (ADRMs). Thus, Islamabad Centre for Resolution of Disputes (ICARD) is established by former judges, experts in the legal profession and researchers in business and commerce for resolution and settlement of all type of disputes i.e. family, social, business, commercial, trading, etc., through arbitration and ADRMs. ICARD will provide free advisory and consultation services in ordinary matters and particularly in family and social matters. However, in business and commercial matters quite reasonable and affordable services charges and professional fees, etc., have been prescribed.
Happy Social, Commercial and Business Relations after Resolution of Disputes
Neutrality, Confidentiality, Trust and Expertise are Our Hallmarks in Resolution of Disputes.
ICARD is providing a variety of services for resolution and settlement of disputes in family, social, business and commercial life. We explored and included new areas of differences and disputes in our services with the help of experts and psychologists which were previously being ignored as those were considered personal, private or of less importance. Following are important areas of expertise and specialization of the ICARD experts and professionals:‒
1. Arbitration
Arbitration services are provided in all types of disputes at national and international levels. Arbitration under local and international laws is provided by experts in the relevant fields.
2. Mediation
Mediation is a specialized area wherein experts and professionals of the Centre try to resolve the problems and disputes after contacts with both parties.
3. Conciliation
The Centre’s experts and professionals uprise and sensitize the parties about implications of a problem or dispute with their expert opinions with convincing arguments for resolution and settlement of such disputes. There are nominal service charges to meet expenses of the Centre for conciliation services.
4. Negotiation
Negotiation is a pre-trial method prior to Arbitration or Mediation on a dispute. Parties are sensitized about different implications of the dispute.
5. Pre-Trial Assessment
Pre-Trial Assessment is a method wherein a detailed study and evaluation of all relevant facts and documents is carried to assess the nature of the problem or dispute between the parties and their possible solutions. Most of the disputes are resolved through Pre-Trial Assessments as the party is informed about possible implications of the case.
6. Mini-Trial
In Mini-Trial experts and professionals of the Centre present their arguments to the parties to the dispute to sensitize the parties about nature, dimensions and implications of the disputes with possible outcomes.
7. Social Dispute Resolution Initiative (SDRI)
It is the mission of the Centre to contribute in a peaceful resolution of social problems between the parties on petty issues which may lead to serious disputes or criminal acts. Experts and professionals of the Centre examine and analyze different dimensions of a differences and disputes between the parties and suggest reasonable solutions with different options available under the laws.
8. Happy Family Life
There are legal methods provided under the Muslim Family Laws of Pakistan for Muslims for resolution and settlement of family problems i.e. dissolution of marriage including khula, divorce, restitution of conjugal rights, dower, maintenance, custody of children, guardianship, dowry, personal belongings of a wife, etc., as well as for other communities. However, litigating on such issues is also a time consuming having serious financial implications. Thus, the Centre is also providing services in family matters through arbitration and conciliation methods to resolve such family problems without recourse to Family Courts saving money and time of the parties.
9. Traditional Resolution of Disputes (Punchayat & Jirga Settlements)
The Centre’s experts and professionals are also providing services to the parties, if so approached and desired, on their different disputes about real estate matters i.e. plots, houses, shops, rent related problems, etc. Therefore, with the consent of both or all parties such complicated problems or disputes are also amicably resolved on payment of nominal service expenses.
10. Alternative Dispute Resolution Methods (ADRMs)
There are other modern and non-traditional alternative dispute resolution methods. The experts of the Centre have developed different alternative methods for resolution of disputes which are used and applied on case to case basis keeping in view facts and circumstances of the case. The experts of the Centre provide assistance and guidance for ADR in tax matters under different Tax Laws.
Expert Draftsmen of the Centre are providing services for drafting of all kinds of agreements and contracts. Sale and Purchase of Property Deeds, Powers of Attorney, Partnership Deeds, Commercial and Business Agreements are drafted in the light of relevant laws to avoid future complications and litigation while protecting rights of the parties.
For the same of convenience and facilitation, the Centre have arrangements with expert Lawyers and Advocates who may present agreements and contracts with different authorities for their due registration according to law on reasonable service charges and fees.
The Centre is also having arrangements with different famous Law Firms and expert Lawyers and Advocates in different parts of the country for legal advice and consultancy in different problems and issues of the clients. This one window operation is highly beneficial to our clients.
In case of indispensable litigation such Law Firms, Lawyers and Advocates provides their services at special concessional rates. Defence of cases in all courts of law is also looked after with equal expertise and competence.
If any dispute is not amicably resolved and settled due to reluctance or recalcitrant attitude of any party then wishing party is provided services for adjudication and litigation under special arrangements with famous Law Firms, Lawyers and Advocates. Such services are available for all courts of law i.e. Supreme Court of Pakistan, Federal Shariat Court, High Courts, Service Tribunals, Tax and Insurance Tribunals, Special Courts i.e. Anti-terrorism, Accountability, IPR, Consumer, etc., as well as in all Subordinate Courts at District and Tehsil levels i.e. District Civil and Criminal Courts, etc.
Reasonable service charges and professional fees are prescribed for different services of the Centre. Schedules of such services are available at the website of the Centre.
Free services for resolution and settlement of disputes are provided to deserving persons particularly in family, social and other cases.
ADRs
Experts in local and International Arbitration are conducting research in different aspects of Alternative Dispute Resolutions Mechanisms and measures.