Pursuant to Article XV of the Arbitration Law, tribunals can amend awards on their own if they contain factual or typographical errors. Parties may also apply to a court & request an amendment within 36 months from the date when a need for such an amendment was discovered.
Pakistan: Appealing & Setting Aside Arbitral Awards
Those seeking to initiate arbitration proceedings in Pakistan should keep in mind that arbitral awards may be appealed by a party to an arbitration agreement or by another person that has filed a claim on their behalf. An award can be canceled if:
- proceedings were conducted incorrectly or arbitrators' behavior was incorrect;
- an award was delivered after the termination of proceedings;
- an award was delivered in contravention of the law or is otherwise invalid.
Even if there’s no objection from parties to a dispute, arbitral tribunals must ensure that an award specified in the minutes isn’t invalid. Pursuant to Article 17 of the Arbitration Law, tribunals can, on their own initiative, cancel an arbitral award if it was delivered in contravention of the law.
Prior to appealing an arbitral award in Pakistan, parties must ensure that it has passed two or three levels of appeal (depending on the amount of the original claim). Please note that there’s no deadline for considering such appeals.
Recognition & Enforcement
Awards delivered domestically must be submitted to Pakistani courts so that the latter can make a decision & hand down a verdict in accordance with the decision. As regards awards delivered by courts abroad, a verdict must be handed down in a country that is a party to the NYC.
Those planning to resolve a dispute through arbitration in Pakistan should keep in mind that a party applying for the enforcement of an arbitral award in Pakistan must also submit originals or certified copies of an award & arbitration agreement to the court. The grounds for refusing to recognize & enforce an award delivered by an arbitral tribunal in Pakistan are consistent with Article V of the NYC.
Parties must request that a tribunal submit a domestic award to a court within 90 days of notification of such a verdict. As regards awards delivered by courts abroad, there’s no specific deadline for filing an application for the enforcement of foreign awards in Pakistan. In such circumstances, the general rule is likely to apply (i.e. filing an application within 36 months from the date on which the right to use is accrued).
Seeking to settle a dispute by arbitration in Pakistan? Need advice on arbitration regulation in Pakistan? Why not contact IQ Decision UK?
