THE RECIPROCAL ENFORCEMENT OF COMMONWEALTH JUDGMENTS ACT (RECJA): ITS REPERCUSSIONS, FLUCTUATIONS, AND IMPLICATIONS ON THE PAKISTAN LEGAL SYSTEM
Keywords:
COMMONWEALTH JUDGMENTS ACT (RECJA), PAKISTAN LEGAL SYSTEM, FLUCTUATIONSAbstract
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. Our inquiry took us to examples from case law exposing brief facts of cases by narrating the objections raised in front of the court.
Downloads
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
