"ARBITRATION - PAKISTANThus, from the given information it can be concluded that Pakistan courts have marched farof in advance to the act of 1937 and that nation?s legislature seems to catch up with the courtsand that the decisions made by the courts in different case laws as discussed under differentsections of the dissertation clearly state that Pakistan is well placed in the position toovercome the challenges and meet the current day requirements of resolving commercialdisputes in the stream of international alternative dispute resolution law.Furthermore, Pakistan?s zeal to improve its standards in the field of international arbitrationand enactment of the foreign award it can be observed that on a comparative note Pakistanstands in a very discrete position where the subject of international arbitration is subjective tojudicial bias, because it does not face any such drawbacks and also from the zeal of Pakistanin enforcing different acts and ordinances it can be observed that the legal system of Pakistanis quiet welcoming towards the alternative dispute resolution systems both at internationaland domestic stages.On contrary it can be observed that there are certain important positions where it is veryessential for Pakistan to develop its image in international arbitration and also to bring itselfinto the list of friendly arbitration jurisdiction. Different sections under the dissertation haveclearly highlighted those areas Pakistan must endeavor to move ahead and join the race ofbecoming an arbitration friendly jurisdiction and become an attractive venue to theinternational arbitration institutions.Irrespective of the fact that Pakistan being one of the developing nation has to facedifficulties in establishing an effective arbitration system in the nation due to differentelements such as money and the legal system, it can be observed from the above discussedfacts the nation has definitely strived heard to develop the mechanism of ADR and improvethe awareness of arbitration process in the country. Page 56 ARBITRATION - PAKISTANIn-spite of delay in enacting laws, from the given facts it can be concluded that laws ofPakistan did approve the enactment of foreign award through the straight forward applicationof APC, which in turn cleared all the misgivings on enforceability of such awards in Pakistan.But the conditions attached for applying the foreign award in APC such as notification fromGOP and the main agreement should not be governed by Pakistan law have slowed down theprocess of arbitration and enactment of award, limiting the scope of APC, but on aconstructive note the Pakistan courts have been innovative and pragmatic on the grounds offoreign arbitral award enforcement. On a positive note the Pakistan courts as observed fromdifferent case laws have shown strong zeal to bring in assurance in this area and also improvethe confidence of business communities in the Pakistan courts. These courts have also shownsuperior tendency for protecting the arbitral process and its outcome – award through interimmeasures and also in reducing the excessive cost and difficulties for enforcement of theforeign arbitral award such as the stamp duties and issues of court fees.However, it can be concluded that the implementation of the REFA and AIDA act have beeneffective because these acts remove many uncertainties that have cropped up due to thequizzical application of the AA-APC acts for resolving commercial disputes througharbitration process. The enactment of these laws in addition to the REAO ordinance can beconsidered as a legislation in right direction as these three enactments implement the NYconvention and the ICSID convention which would help in not only developing the image ofthe nation on the stage of international arbitration but also, help in improving internationalinvestments in the nation.Thus, it can be concluded that Pakistan has strived in every possible way to improve theconditions of foreign arbitral award enactment in the nation and from the discussions and thecontroversies it can be noted that even though the steps taken by nation have been delayed Page 57 ARBITRATION - PAKISTANdue to different circumstances it is still clear that like any other nation even Pakistan strivesto be in the race of international arbitration and enact the foreign award in the nation. It canalso be observed that Pakistan is in favor of implementing the foreign arbitral award and hastaken effective measures for the same.Pakistan with its effective enactment of the laws has the opportunity for becoming acompetitive arbitral avenue as the other countries comparatively are more protectionists inthis view. Thus, a liberal and innovative framework while enacting the laws in regards to theinternational arbitration and enactment of foreign arbitral award will make it an attractivevenue for settling commercial and investment disputes and it is advisable that the nationshould not lose this opportunity at any cost. Thus, it can be concluded on a final note that aforeign award in pursuance with the provisions of NY convention can be effectively enactedin Pakistan as it observed from the discussions of the dissertation. Effective enforcementcontinuation in the measures taken by GOP by making all the required amendments it willhelp the nation in succeeding in becoming one of the attractive venue for internationalarbitration which in turn will help in effective enactment of the foreign arbitral award underthe provisions of the NY Convention. Page 58 ARBITRATION - PAKISTANBIBLIOGRAPHYPRIMARY SOURCELEGISLATIONS? UNCITRAL Model Law on International Commercial Arbitration (1985), with amendmentsas adopted in 2006, UNCITRAL;http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/1985Model_arbitration.html? UNCITRAL Model Law on International Commercial Arbitration 1985, withamendments adopted in 2006, United Nations Publication, ISBN 978-92-1-133773-0? Convention on the Recognition and Enforcement of Foreign Arbitral Awards (NewYork, 1958) (the "New York Convention");http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html? Code of Civil Procedure 1908, Part I? Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards)Ordinance, 2005 ? Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards)Act, 2011? The Arbitration Act, 1940? Arbitration (International Investment Disputes) Act, 2011? Arbitration (Protocol and Convention) Act 1937? International Convention on the Settlement of Investment Disputes? The Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 Page 59 ARBITRATION - PAKISTAN? United Nations Commission on International Trade Law Model Law? Contract Act (IX of 1872)CASE LAWS? Petrocon (Pvt.) Ltd. V. Hyderabad Development Authority, Hyderabad (1990 MLDKarachi 1675), para.(a).? Malik Ali Akbar v. Metro Goldwyn Mayer India Ltd(1952 PLD Lahore 249)? Messrs Mercantile Fire and General Insurance Co. of Pakistan Ltd. Karachi v MessrsArcepey Shipping Company USA (1978 PLD Karachi 273)? Eckhardt & Com Marine GMBH, West Germany v Mohammad Hanif (1986 PLDKarachi 138), para (d)? Hitachi v Rupali Polyester (1998 SCMR 1618), para(a)? Messrs Barlas Bros. (Karachi) & Co. v Messrs Yangtz (London) Ltd1958 PLD WPKarachi 24 and 1959 PLD WP Karachi 423.? Cosmopolitan Development Company Ltd. V. Alfered C. ToepferInternational 1991CLCKarachi 1087, especially para 7.? Meredith Janes Co. Ltd v Crescent Board Ltd.1999 CLC 437, 441? Messrs Mercantile Fire & General Insurance Co. Pakistan Ltd. v. Messrs ArcepeyShippingCo. USA 1978PLD Karachi 273? Avari Hotels Ltd. v. Hilton International Company 1985 PLD Karachi 445? Messrs Meincke Food Processing Equipment v. Messrs Danish Butter Cookies 1992CLC Karachi 1132? Cogetex S.A. v Mayfair Spinning Mills (Public Ltd.) (2004 CLD Karachi 1023)? Ralli Brothers & Coney Ltd. v Muhammad Amin Muhammad Bashir Ltd. (1987 CLCKarachi 83), para (h) Page 60 "