Commercial Justice or Constitutional Experiment? Pakistan’s Proposed International Commercial Courts
The development of specialized commercial courts has flourished in recent years, and cities like Singapore, Dubai, and London have been pioneers in creating an institutional framework that ensures investors’ trust. The model proved to be effective in making a country an attractive destination for international trade and investment by creating specialized commercial courts. However, the effectiveness of such courts depends on the complex combination of factors such as judicial independence, procedural efficiency, legal expertise, and various other aspects connected with the rule of law. The issue is how seriously one should consider this idea about constitutional amendment as an attempt to create the ecosystem of this kind, or whether it is just another show trying to make an impression of progress while ignoring institutional deficits, which have become a problem in Pakistan’s judicial system for many years.
The recently made proposal by the Law and Justice Commission of Pakistan for introducing the International Commercial Court through a constitutional amendment has become the subject of a heated debate. While this suggestion has been viewed as a truly revolutionary step which would turn Pakistan into an attractive destination for international investors and best practices, in practice it looks like yet another cosmetic solution to a much deeper issue.
It has been rightfully put into question by the former Supreme Court judge Mansoor Ali Shah whether it is a meaningful initiative or just a cosmetic exercise. These questions raised by Mr. Shah seem to be quite relevant as the credibility of international commercial........
