The Challenge of Arbitral Awards in Pakistan

• 발행기관: 한국중재학회
• 저자명: Sohaib Mukhtar Shafqat Mahmood Khan Mastoi
• 간행물 정보: 『중재연구』 제27권 제1호, 37~57쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2017.03.30

영문 초록

An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

목차

Ⅰ. Introduction

Ⅱ. Arbitration Agreement

Ⅲ. Arbitration in Pakistan

Ⅳ. Conclusion and Recommendations

키워드

Arbitration Arbitration Agreement Arbitral Award Place of Challenge Exclusion of Challenge Waiver of Challenge Limitation on Challenge