A New Mediation Act? The Way Forward for Pakistan
Comparative Law Yearbook of International Business – Volume 43, 2021, Nov 9, 2021
Authors: Barrister Mian Sheraz Javaid
Available at: Kluwer Law International
Arbitration is known to be the most common method of ADR in Pakistan, as compared to other ADR mechanisms like mediation or conciliation. One of the key reasons for choosing arbitration over other ADR mechanisms is the existing legal framework in Pakistan, which despite being archaic does provide an elaborate mechanism to govern the arbitral process.
In a country such as Pakistan,where the backlog of court cases runs into millions, the use of ADR mechanisms ought to have been promoted since well before recent times. The accredited ADR centers in Pakistan are yet to be established. The authors consider and advocate the benefits of having a bespoke mediation act for Pakistan.
Innovation in Construction Technology in the UK, influenced by accidents reduces legal risks
Law Construction International – Volume 13 Issue 2, July 1, 2018
Authors: Nasir Ahmed Khan, Barrister Mian Sheraz Javaid
Available at: Hein Online
The construction industry is one of the largest contributors to the world’s economy and is estimated to be six percent of the global GDP. However, the potential of technology within the construction industry has been given little regard. This was largely because of industry-level reluctance to change and the behaviors and complacency of individual players, who failed to come together for a higher vision. It is only recently that research efforts have poured into the strategic implementation of technology in construction.
The UK’s Construction 2025 Strategy has defined some clear aspirations for the UK construction industry.5 Smart construction and digital design are the first strategic priorities followed by sustainability and improved trade performance. Innovation in construction is, generally, attributed to economic constraints coupled with efficiency requirements, cost reduction, and safety improvements.
This article will describe how construction failures and accident investigations have led to technological innovations and how such innovations have reduced the overall legal risks and costs deriving from those failures either by (1) reducing the failures and risks or (2) making the definition of legal liabilities more effective as a result of a more efficient collection of relevant data and information. The long and expensive forensic expert analysis may thus in many circumstances be avoided. Innovation in construction technology, therefore, provides a significant benefit that also reduces legal risks and costs.
China-Pakistan Economic Corridor (CPEC) – Dispute Resolution Mechanism
Transnational Dispute Management 3, June 1, 2017
Authors: Tan Yan, Barrister Mian Sheraz Javaid
Available at: Transnational Dispute Management
China-Pakistan Economic Corridor (CPEC) is a comprehensive trade-cum-development deal that not only establishes economic and strategic connectivity between Pakistan and China, but also has the potential of integrating other sub-regions of Asia and Russia. It could play a key role in improving the economic and strategic environment. If implemented as planned, CPEC could potentially offer infinite bounties to many other countries in years to come. In 2015, Pakistan and China committed to the development of CPEC, entering into a 46 Billion USD investment agreement. Both countries have rendered a layout of future development of the project up until 2030. As of mid-2017, the total investment has been increased to US$70 billion following additional infrastructure projects that have been added into the scope. The majority of construction projects are to be led by Chinese main contractors, and sub-contracted to Pakistani contractors. Apart from China, companies from European countries are also participate in the various CPEC projects.
In view of the above, this paper will study and examine the dispute resolution methodologies from different projects in CPEC. It will critically analyse the process and highlight problem areas that may be faced, due to cultural and language differences between these two States. This paper will suggest the methodologies and routes to efficacious dispute resolution during the life cycle of the project. The authors believe it will provide pilot recommendations to the OBOR projects in other regions.