Al­ter­na­tive Dis­pute Res­o­lu­tion Good News for Busi­ness

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Al­ter­na­tive Dis­pute Res­o­lu­tion (ADR) is an im­por­tant step to­wards a thriv­ing econ­omy,” says Di­rec­tor of the Karachi Cen­tre for Dis­pute Res­o­lu­tion, Dr Zafar Ah­mad Khan Sher­wani. He pro­vides an­swers to many of the eco­nomic is­sues of Pak­istan. Al­ter­na­tive dis­pute res­o­lu­tion, if de­scribed in sim­ple terms means ne­go­ti­a­tion, ar­bi­tra­tion or con­cil­i­a­tion/ me­di­a­tion.

Af­ter the Sec­ond World War, the role of the World Trade Or­ga­ni­za­tion’s dis­pute set­tle­ment body as a me­di­a­tor be­tween coun­tries has pro­duced sig­nif­i­cant re­sults in the in­ter­na­tional arena where trade is­sues re­lated to ser­vices, in­vest­ment and in­tel­lec­tual prop­erty are con­cerned. The in­clu­sion of TDAP’s Mujeeb Khan among the pan­elists of WTO’s Dis­pute Set­tle­ment Body adds to the recog­ni­tion of ADR as a vi­tal dis­putes pend­ing in courts, suf­fer­ing from the fact that there are a lim­ited num­ber of judges tack­ling all the dis­pute com­plex­i­ties.

Al­ter­na­tive dis­pute res­o­lu­tion, as claimed by Dr Sher­wani, de­mands a max­i­mum pe­riod of three months for me­di­a­tion and a

The pro­vi­sion of ADR ex­perts to busi­nesses, law firms, in­ter­na­tional or­ga­ni­za­tions and NGOs by the ADR Pak­istan Al­liance can be termed as a pos­i­tive foun­da­tion, busi­nesses need to turn to­wards the al­liance at an in­creased pace.

Mujeeb Khan, as the head of TDAP’s WTO cell, sug­gests the im­por­tance of ne­go­ti­a­tions un­der Dis­pute Set­tle­ment for sus­tained pro­jec­tions of gain and loss in both the pub­lic and pri­vate sec­tors. This propo­si­tion is im­por­tant for Pak­istan, invit­ing mul­ti­lat­eral trade agree­ments with coun­tries of­fer­ing more ag­gres­sive mar­kets.

Al­ter­na­tive dis­pute res­o­lu­tion will strengthen the com­mu­ni­ca­tion lines among busi­nesses. If small en­ter­prise own­ers are pro­vided with proper knowl­edge of the process then out-of­court ne­go­ti­a­tions will pro­vide pro­gres­sive en­ergy to Pak­istan’s econ­omy. con­tri­bu­tion to Pak­istan’s trade prac­tice.

The ma­jor re­quire­ments of the Pak­istani econ­omy ap­pear to be the sav­ing of re­sources. This is sup­ported by the ex­pla­na­tion pro­vided by Dr Sher­wani that ADR is an am­i­ca­ble means of set­tling dis­putes, as it is a mech­a­nism to save time and money. There are count­less trade few hours for fi­nal res­o­lu­tion. This prac­tice has been adopted by de­vel­oped coun­tries as a suc­cess­ful mode of con­flict res­o­lu­tion. In Pak­istan, how­ever, mi­nor in­fringe­ment cases have not been handed de­ci­sions for decades. Such a sce­nario is harm­ful for small and medium en­ter­prises that have their cap­i­tal stuck in long lit­i­ga­tions.

There is a great po­ten­tial for bring­ing to­gether busi­ness lead­ers on crit­i­cal trade is­sues and ini­ti­at­ing a con­sul­ta­tive process on trade treaties for a sus­tained econ­omy. Adop­tion of ADR may in­ject a good gov­er­nance fac­tor at the na­tional level, en­abling efficient ac­cess to the global mar­ket

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