Title ADR Question No 6.pdf ✅

ALVI LAW ASSOCIATS 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ADR you can watch lecture of this question from here. https://youtube.com/playlist?list=PLXTPClsX2hdBTYAdNL1vmvQ RCjRDU49UY&si=QndPP2AC4nW_2EVm Question No 06: Write a detail note on the concept of introduction and scope of arbitration, formation of arbitration agreement, legal framework of arbitration in Pakistan? (This Question is from 5th Topic of the Outline) 1. INTRODUCTION: Arbitration is a way to solve disputes without going to court. Both sides agree to let an impartial person, called an arbitrator, make a decision. The process is quicker and less formal than a trial. The arbitrator's decision is usually final and binding. Arbitration is one of the fundamental approach in ADR to resolve disputes without going to the traditional courts and being the part of traditional litigation.

makes a decision on how the contract should be enforced. The company and supplier must then follow this decision. 5. NATURE OF ARBITRATION: The nature of arbitration involves a private process where a neutral arbitrator resolves disputes. It's less formal than court and quicker, with both parties agreeing to be bound by the arbitrator's decision, which is usually final and legally binding. 6. SCOPE OF ARBITTRATION • Construction Disputes: Arbitration can address conflicts in construction projects, such as delays, cost overruns, or contract breaches, ensuring specialized and swift resolution. • Intellectual Property Disputes: Arbitration helps resolve issues related to patents, trademarks, and copyrights, providing confidentiality and expert decision-making. • Financial Disputes: Financial matters, including banking and investment conflicts, can be efficiently managed through arbitration, offering a specialized and expedited process. • Family Disputes: Arbitration can also be used for resolving family matters like property division and inheritance disputes, providing a private and less adversarial approach. • Sports Disputes: In the sports world, arbitration is used to settle issues such as athlete contracts, doping allegations, and disciplinary actions, ensuring fair and impartial decisions.
• Technology Disputes: Disputes in the tech industry, including software licensing and data privacy issues, can be effectively resolved through arbitration, leveraging expertise and speed. • Commercial Disputes: Arbitration can handle conflicts between businesses over contracts, transactions, or services, providing a private and efficient resolution. • Employment Disputes: Employers and employees can use arbitration to settle disagreements about wages, working conditions, or job termination, avoiding lengthy court battles. • International Disputes: Arbitration is commonly used in international trade to settle cross-border disputes, offering a neutral ground for parties from different countries. ❖FORMATION OF ARBITRATION AGREEMENT 1. INTRODUCTION: The legal document which governs the process of arbitration is known as arbitration agreement. The aim of the arbitration agreement is to bound parties involved in the conflict to agree with certain terms and conditions to fulfill for the process of arbitration. This agreement contain certain terms and conditions the arbitration, selection of arbitrator and other aspects. 2. DEFINITION OF ARBITRATION AGREEMENT UNDER SECTION 2(A): “Arbitration agreement means a written agreement to submit present or future difference to arbitration. Whether an arbitration is named there in or not.”