PAKISTAN is currently in a state of profound dependence in the complex, dangerous world of international commercial disputes, where the credibility of national jurisdictions and billions of dollars are frequently at stake.

Almost without exception, our corporations, whether state-owned or private, are seated in London, Singapore or Dubai for arbitration, a process intended to serve as a neutral alternative to costly litigation. The tribunals are presided over by foreign arbitrators, supported by foreign counsel and governed by procedures and cultural nuances that are often alien to our business and legal landscape. It is not merely an economic leakage that this externalization of a critical aspect of commercial justice represents; it is a strategic vulnerability and a failed opportunity for intellectual sovereignty. A concerted national endeavour is necessary at priority to train and empower a world-class, robust group of Pakistani arbitrators.

There are numerous consequences associated with this dependence. It is a substantial discharge of foreign exchange in terms of finance, as hard currency is used to pay substantial fees to foreign arbitrators, law firms and institutions. This results in a subtle yet substantial procedural disadvantage for Pakistani parties. International counsel is necessary to navigate the foreign protocols and cultural expectations of foreign-dominated tribunals and the cost is high; there is also a persistent risk that the nuances of Pakistan’s commercial context may not be fully........

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