THE RECIPROCAL ENFORCEMENT OF COMMONWEALTH JUDGMENTS ACT (RECJA): ITS REPERCUSSIONS, FLUCTUATIONS, AND IMPLICATIONS ON THE PAKISTAN LEGAL SYSTEM
Keywords:
RECIPROCAL ENFORCEMENT, PAKISTAN LEGAL SYSTEMAbstract
Global commercial arbitration has enacted as an exploratory and time-effective mechanism for dispute resolution as opposed to pre-existing local methods of litigation. The prime objective of foreign arbitration is to facilitate a neutral symposium for amicable settlement of disputes. Hitherto, complementing the conducive mechanism of commercial dispute resolution through arbitration, Pakistan ratified a multilateral treaty, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (“Convention”) and enacted the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 (“2011 Act”) enabling enaction to the Convention. Section 10 of the Act repeals the Arbitration (Protocol and Convention) Act 1937 (“1937 Act”) which used to be promulgated in Pakistan. Albeit the Convention anticipates promulgation policy which is further highlighted in Section 8 of the 2011 Act. Prior to the enactment of the 2011 Act, there was ambiguity defining a foreign arbitral award as well as its ratification. Furthermore, this ambiguity shed uncertainty and delinquent incompatibility in the local jurisprudence causing long delays in the enforcement of foreign arbitral awards. However, Section 2 (e) of the 2011 Act defined an award made in a Contracting State is a foreign award. Section 3 of the 2011 Act stipulates that the High Court shall hold exclusive jurisdiction for the recognition and enforcement of foreign awards. The 2011 Act aimed to reduce timeframes that were previously an obstacle in the enforcement of foreign awards.
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