PIDW Event Schedule 2023

PIDW Event Schedule 2023

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Day 1 - Saturday 20th May

09:45 am – 09:55 am

Opening Speech

Chief Organizer Pakistan International Disputes Weekend 2023

Barrister Mian Sheraz Javaid

Chair at Chartered Institute of Arbitrators (Ciarb) Pakistan Branch

Barrister at No.5 Barristers Chambers, United Kingdom

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10:00 am – 11:05 am

Panel No.1 - Promoting better practice in Dispute Resolution: Why should courts be the last resort?

Moderator

Barrister Mohammed Zaman KC

Head Business and Property, No.5 Barristers Chambers, United Kingdom

Going to court should be the last resort as litigation all around the world is expensive, time consuming, and consists of hidden costs
Even developed court systems face a backlog of cases
Advanced jurisdictions are leading by example through prioritizing methods of alternative dispute resolution which are usually quicker, cheaper and provide better outcomes

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Panelists

Khwaja Ahmad Hosain

Senior Partner at FGE, Karachi

Important role of mediation in employment disputes in UAE in common law jurisdiction of DIFC and ADGM, including both offshore and free zone.
All major freezones comprising mediation teams and the characteristics of these teams
Well-equipped mediation teams prior to authorizing a dispute to proceed to court in facilitating and finding mutual/common grounds between the parties to avoid pursuing litigation through the courts.
Mediation is not to be widely used independently outside of any employment litigation process before the courts and as a pre-cursor to initiating proceedings.
Soft role of mediation in playing a pivotal role in bringing the parties closer together and therefore I see real merit in parties looking to mediation early on in the process to try and resolve their differences and ultimately save on unnecessary time and costs being incurred.

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Kamran Rehman

Partner at Penningtons Manches Cooper LLP

The cost(s) of litigation and the burden on courts
How have other jurisdictions dealt with court pendency?

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Barrister Iftikharuddin Riaz

Partner at Bhandari, Naqvi and Riaz (BNR), Lahore

Discussion on any one arbitration case within Pakistan and what it means for the future of arbitration in the country
A way forward

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Honorable Mr. Justice Shahid Jamil Khan

Lahore High Court, Lahore

Concluding Remarks
Is Pakistan a litigious society by nature, culture or circumstances
Court pendency in Pakistan: A way forward

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Q&A Session

11:05 am – 11:15 am

Tea & Coffee Break

11:15 am – 12:20 pm

Panel No.2 – Charting the course of Mediation in Pakistan: Should Pakistan be a signatory to the Singapore Mediation Convention?

Moderator

Noor ul Aqtab Siddiqui

Solicitor - Director at Tower Bridge Legal, United Kingdom

Can mediation help in resolution of freshly instituted cases?
Is mediation suitable for all category of cases?
How is the panel of neutrals appointed by the Islamabad High Court helping in resolution of disputes through mediation
Can Pakistan benefit by becoming a signatory to the Singapore Mediation Convention?

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Panelists

Sarah Tarar

Director at International Centre for Dispute Resolution Lahore, Lahore

How can private ADR centre help and support mediation in Pakistan?
Recommendations and way forward in Pakistan

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Barrister Asad Ladha

Partner at Raja Muhammad Akram and Co, Islamabad

Shortfalls of Mediation in certain disputes
How can mediation and other ADR methods complement each other?

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Barrister Martin Lau

Barrister Essex Court Chambers

The development of Singapore Convention
The impact of Singapore Convention on the mediation sector with a focus on the enforceability of settlement agreements

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Sultan Mazhar

Additional Advocate General (KP) at Supreme Court of Pakistan

The role of training in promoting and developing skills in mediation in Pakistan
Current updates and initiatives of Islamabad High Court
The accessibility of mediation services in Pakistan

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Q&A Session

12:20 pm – 13:30 pm

Panel No. 3 - Construction Disputes in Pakistan: How should Pakistan deal with CPEC disputes?

Moderator

Virginie Colauita

Partner at LMS Legal LLP, United Kingdom

Main characteristics of construction disputes.
The use of FIDIC red book in CPEC Contracts and other international construction contracts
Advantages and disadvantages of multi-tier dispute resolution clauses
Dispute boards and arbitration

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Panelists

Mr. Justice Mushir Alam (Rtd)

Former Judge of the Supreme Court of Pakistan

Establishment of International Arbitration Centers to cater to CPEC disputes and disputes in general
Introduction of Financial courts and Commercial Courts in Pakistan
Appointment of former judges in International Arbitration Centers and Financial Courts

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Karamat Ullah Chaudary

Independent Consultant Construction Disputes

Discussion regarding the Major CPEC Projects
The dispute mechanism on CPEC Projects
Number of disputes referred to Dispute Avoidance and Adjudication Board
Key causes of these disputes
The implementation of Dispute Avoidance and Adjudication Board

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Barrister Mian Sheraz Javaid

Barrister at No.5 Barristers Chambers, United Kingdom

Need for the establishment of a forum for the panel of neutrals i.e arbitrators, mediators and dispute board members
The rights of contractors deriving from International Treaties
Dispute Appointment Services and the establishment of an ADR Centre to cater CPEC disputes

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Honorable Mr. Justice Asim Hafeez

Lahore High Court, Lahore

Concluding Remarks
Encashment of bonds (a major issue in construction disputes)
Price and time claims: Courts' approach towards such matters

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Q&A Session

13:30 pm – 14:20 pm

Lunch

14:25 pm – 15:35 pm

Panel No.4 - Pro-enforcement attitude and the prospects of establishing Pakistan as a regional seat of arbitration

Moderator

Barrister Toby Landau KC

Barrister, Advocate and Arbitrator at Duxton Hill Chambers, Singapore

An overview of the changing trend from judicial intervention to judicial supervision
The impact of these changing trends on arbitral proceedings
Pakistan’s position within these global changes
Predicting the role of Pakistan's courts in arbitral proceedings

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Panelists

Barrister Nudrat B. Majeed

Partner at Four Golf Road Chambers, Lahore

Where does arbitration currently stand within Pakistan’s legal landscape?
Arbitration vs litigation in Pakistan and if/how this relationship is going to change in the future?
The role of Commercial Courts in supervising arbitration proceedings

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Barrister Waleed Khalid

Partner at Cornelius, Lane and Mufti (CLM), Lahore

Discussion on a leading arbitration case within Pakistan and what it means for the future of arbitration in the country
A way forward

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Honorable Mr. Justice Jawad Hassan

Lahore High Court, Lahore

Pursuant to Tradhol Judgment the confidence of enforcement of foreign awards obtained abroad
Expeditious decision and enforcement of foreign awards, non interference by Civil Courts
Supervisory Role of NYC notified Courts in Pakistan for pre, during and post arbitration proceedings
How can Pakistan’s legal fraternity be encouraged to participate in arbitral proceedings in order to help Pakistan’s global arbitral footprint grow?

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Q&A Session

15:35 pm – 15:45pm

Tea & Coffee Break

15:45 pm – 17:00 pm

Panel No.5 - Identifying key challenges and weaknesses: Are robust reforms the only way forward in Pakistan's litigation landscape?

Moderator

Barrister Maria Mulla

Barrister at Maitland Chambers, United Kingdom

Current litigation landscape in Pakistan
Instruments available to introduce reforms
The Rule-making power of the High Court in introducing reforms and the introduction of pre-action protocols, pre-action disclosure, case management conference and wasted cost order, administrative and trial courts

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Panelists

Honorable Mr. Justice Babar Sattar

Islamabad High Court, Islamabad

The top thing that impedes justice within the litigation landscape of Islamabad
Discussion of his landmark judgment on litigation cost as a statutory right of the winning party
What prompted this decision?
How will it improve the litigation landscape of Pakistan?

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Honorable Mr. Justice Syed Muhammad Attique Shah

Peshawar High Court, Peshawar

Steps taken by the Peshawar High Court in resolving commercial disputes
Shortcomings
A way forward

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Honorable Mr. Justice Yousuf Ali Sayeed

Sindh High Court, Karachi

Current landscape of resolution of commercial disputes in Sindh
Judgment on establishment of commercial courts

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Honorable Mr. Justice Abid Hussain Chattha

Judge Lahore High Court, Lahore

Steps taken by the Lahore High Court including Order IX-A and the case management system
Shortcomings
A way forward

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Q&A Session

15:35 pm – 15:45pm

Tea & Coffee Break

17:00 pm – 18:00 pm

Keynote Speeches

Honorable Mr. Justice Naeem Akhtar Afghan

Honorable Chief Justice Balochistan High Court

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Honorable Mr. Justice Muhammad Ameer Bhatti

Chief Justice Lahore High Court, Lahore

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Day 2 - Sunday 21st May

09:45 am – 09:55 am

Chair at Chartered Institute of Arbitrators (Ciarb) Pakistan Branch Opening Speech Day 2

Barrister Mian Sheraz Javaid

Chair Chartered Institute of Arbitrators (Ciarb) Pakistan Branch

Barrister at No.5 Barristers Chambers, United Kingdom

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09:55 am – 10:00 am

Welcome Address

Catherine Dixon

Director General at Chartered Institute of Arbitrators (Ciarb), United Kingdom

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10:00 am – 11:00 am

Panel No.1 - How is Pakistan faring in its performance before the international dispute forums; Lessons and challenges?

Moderator

Barrister Mahnaz Malik

Arbitrator and Barrister, Twenty Essex London and Fellow, Hughes Hall, Cambridge University

Pakistan’s performance before International Dispute forums such as ICSID or ICC
Deep-rooted problems in the international arbitration landscape of Pakistan, traceable to couple of reasons such as lack of a local pool of experts in arbitration and award writing skills
By September 2021, Pakistan's loss of 17 cases at the International Centre for Settlement of Investment Disputes (ICSID)
Pakistan faces both, the loss of reputation on International Dispute forums and a staggering monetary loss of hundreds of million dollars paid as a cost of losing Arbitrations
Recently, State-owned Pakistan LNG Limited (PLL) lost a case in the London Court of International Arbitration (LCIA) against PGP Consortium Limited

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Panelists

Mansoor Usman Awan

Attorney General of Pakistan

Role of the Attorney General and his office in in representing the government of Pakistan in international arbitration
What qualities in a potential arbitrator equip him to best represent the government’s interest in an international arbitration
Unwavering demands of an international arbitration and do we meet them as a state
Preserving party autonomy and preventing apprehension of bias in government nominated arbitrators
How to curate a proficient mechanism of appointing Arbitrators for the Public Sectors of the State?

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Zahid Ebrahim

Senior Managing Partner at FGE Ebrahim Hosain, Karachi

How to evolve as a State and stay on par with emerging trends of global key players of international arbitration
Common pitfalls to avoid when conducting international arbitrations
What could be the biggest trends and challenges facing the field of international arbitration in the years ahead, particularly with regard to the selection of arbitrators?

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Honorable Mr. Tassaduq Hussain Jillani (Retd)

Former Chief Justice of Pakistan

How can Pakistan improve its performance before international dispute resolution forums, and what role can civil society and other stakeholders play in this regard?
Lessons learned by Pakistan through its performance in the past
How has Pakistan's approach to international dispute resolution evolved over the years?

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Q&A Session

11:00 am - 11:10 am

Tea & Coffee Break

11:15 am - 12:15 pm

Panel No.2 - Introduction to proposed Domestic Arbitration Act 2023

Moderator

Barrister Mian Sheraz Javaid

Chair at Chartered Institute of Arbitrators (Ciarb) Pakistan Branch

Barrister at No.5 Barristers Chambers, United Kingdom

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Panelists

Feisal Hussain Naqvi

Senior Partner at Bhandari, Naqvi and Riaz

Should the traditional concept of making of award a ‘rule of court’ prevail in the current dispensation of cases?

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Honorable Mr. Justice Muhammad Raza Qureshi

Lahore High Court, Lahore

Does the proposed limitation on the role of courts and the introduction of a designated appointing authority in the appointment procedure bring effciency in the arbitration process?

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Honorable Mr. Justice Muhammad Shafi Siddiqui

Sindh High Court, Karachi

What is the extent of judicial intervention in cases of jurisdiction of the tribunal, procedural or material irregularity and on the question of law/ public policy?
How can the lawyers’ representative bodies strengthen the institution of arbitration in Pakistan and impact legal practice of lawyers in Pakistan under the new dispensation?

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Honorable Mr. Justice Naeem Akhtar Afghan

Honorable Chief Justice Balochistan High Court

Should the 'Rule of Court' remain with the Civil or District Leve
When the arbitration award becomes the Rule of Court, should the appeal of lie in the High Court or Civil Court?

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Young Members Group (YMG) Pakistan Inauguration

12:20 pm - 12:40 pm

Young Members Group Inauguration

Barrister Marion Smith KC

Chair Board of Trustees at Chartered Institute of Arbitrators (Ciarb), United Kingdom (Virtually)

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12:40 pm - 12:45 pm

Global Young Members Group (YMG) Ciarb Welcome Speech

Baptiste Rigaudeau

Chair at Global Young Members Group (YMG) Ciarb

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12:45 pm – 12:50 pm

Young Members Group Pakistan (YMG) Chair Opening Speech

Barrister Maryam Abbasi

Chair, Young Members Group Pakistan (YMG)

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12:50 pm – 13:50 pm

Lunch

14:00 pm – 15:00 pm

Panel No.3 - Navigating and building a career in arbitration as a young practitioner

Moderator

Nasir Khan MBE

Vice Chair at Chartered Institute of Arbitrators (Ciarb) Pakistan Branch

Principal at HKA, United Kingdom

How are arbitration proceedings changing?
How can young practitioners looking to build a career in international arbitration best prepare themselves for these changes?
As a global arbitration practitioner, what are some challenges within the arbitration field that young practitioners face and what would your advice be to overcome them?
How can young practitioners build a global career in arbitration?
Please give 3 key things they should focus on
How has YMG helped you develop your career in international arbitration?

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Panelists

Fatima A. Malik

Treasurer CIArb and International Disputes Lawyer

Is arbitration becoming more inclusive and how much further does it have to go in terms of racial and gender equality?
How are international organizations promoting inclusivity?
Progress made in the last five years in diversifying the field
Identifying “additional barriers” to obtaining arbitral appointments which included “unconscious bias, gender stereotyping, and information barriers

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Fakhruddin Valika

Deputy Counsel at ICC International Court of Arbitration, Dubai

As a Pakistani looking to expand your career internationally, what were the biggest challenges you faced?
Overcoming the said challenges
Top skills not taught at law schools but are incredibly important within the global arbitration space?
How would you describe the difference in arbitration proceedings within and outside of Pakistan? How should young practitioners prepare themselves for these conflictions?
How has your time working at the ICC changed the way you view arbitration?
Finally, can you give us an insight into the arbitration space within the middle east and how Pakistanis can break into that market?

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Dr. Nudrat Ejaz Piracha

Senior Associate/Partner – Samdani & Quresh

Is arbitration becoming more inclusive and how much further does it have to go in terms of racial and gender equality?
How are international organizations promoting inclusivity?
Progress made in the last five years in diversifying the field
Identifying “additional barriers” to obtaining arbitral appointments which included “unconscious bias, gender stereotyping, and information barriers

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Dmitry Bayandin

Associate at Willkie Farr & Gallagher LLP, Paris

Is the switch from litigation towards arbitration diffcult?
Biggest challenges faced during this transition
What was the stepping stone for your career in international arbitration?
How can domestic practitioners expand into international arbitration while maintaining a local practice?)
Top 3 skills that helped you succeed in international arbitration practice

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Q&A Session

15:10 pm – 15:20 pm

Tea & Coffee Break

15:25 pm – 16:25 pm

Panel No.4 - Upholding the Rule of Law; Perspective, progress and reform by the younger members of the bar

Moderator

Umer Akram Chaudhry

Partner at Raja Muhammad Akram and Co., Islamabad

Identifying gaps and causes in why we fare so low in the rule of law index and otherwise
Can the gaps be attributed to the role of young practitioners or the lack of any role played by them at all?
Where does the regulation of young practitioners begin, legal education or licensing?
When untoward and unpleasant incidents take place involving lawyers, who do we hold accountable?
How does one impart the importance of rule of law on young practitioners?
What reforms, if any, have been brought to highlight this?
Are young practitioners contributing to change or are they comfortable with the status quo?

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Panelists

Barrister Malik Ahmed Qayyum

Member Punjab Bar Council

What role does the Bar council play in training young lawyers?
Why are we witnessing increasing instances of young lawyers disrupting the legal landscape in the country and how does the bar council approach such issues?
What is the single most important thing that young practitioners can do to preserve the rule of law in the country?
How is the bar council working towards this goal?
Finally, can young practitioners thrive within the current legal framework

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Barrister Taimur Malik

Senior Partner Kilam Law

Role of digitization in the future of the legal profession, particularly with regard to the Rule of Law and access to justice
Challenges facing the legal profession in the years ahead, particularly with regard to upholding the Rule of Law and promoting progress and reform

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Wasif Majeed

Head Education & Training, Ciarb Pakistan Branch

Partner at Lexium Law, Lahore

How can younger members of the Bar work to promote access to justice, rule of law and inclusivity in the legal profession?
What steps can be taken to ensure that the legal system reflects the needs and perspectives of young members of the legal society?
How can Young Members of the Bar ensure that they uphold the Rule of Law in their day-to-day practice?
Common pitfalls or challenges encountered by Young Members of the Bar in accessing Rule of Law

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Honorable Mr. Justice Adnan Iqbal Chaudhry

Sindh High Court, Karachi

Most important elements of the Rule of Law and their application to young practitioners in particular.
Balancing the need for stability and continuity in the legal system with the need for reform and progress, particularly in areas where the law may be outdated or ineffective
Upholding the Rule of Law and promoting progress and reform

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16:30 pm – 18:30 pm

Keynote Speeches

John Bassie

President Ciarb 2023 (Virtually)

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Honorable Mr. Justice Naeem Akhtar Afghan

Honorable Chief Justice Balochistan High Court

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