Resolution of Disputes or Issues By International Arbitration

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Name of the Student
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Abstract
Acknowledgements
Abbreviations (if applicable)
Table of Cases (All case law – specify jurisdiction if applicable)
Table of Statutes (Legislation - specify international agreements if applicable)

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CHAPTER 1 – INTRODUCTION
1. Background of the study
International arbitration is considered to be a process relating to resolution of disputes or issues.
With the help and assistance of the process of international arbitration, disputes and issues are
settled. The primary purpose and objective in relation to international arbitration is the provision
of a neutral and unbiased forum to the involved parties for the resolution of disputes or issues.
The process of arbitration is considered to be an alternative process or a substitute process for
dispute resolution. The aforementioned process is utilized for solving disputes in lieu of the
process of litigation. An arbitration might be optional, however, it must be mentioned that
presently, the contracts that are established in the business world, contain a mandatory clause
relating to arbitration. It means that in relation to any disputes that may arise, the process of
arbitration shall be utilized in order to settle such disputes1. This dissertation discusses the
growth and expansion regarding international arbitration in the country of Pakistan. It also
forwards a discussion in relation to the challenges regarding the implementation of the process of
arbitration and arbitral awards in the nation of Pakistan.
2. Problem statement
The reason why this research is conducted is to know the importance of the process relating to
arbitration. Regarding such process relating to arbitration, the parties that are involved must
choose and agree upon any particular individual as an arbitrator. The arbitrator shall hear the
forwarding of the involved parties and give effect to a decision accordingly. The parties that will
be involved in the dispute resolution process of arbitration, shall be bound to adhere to the
decision that may be forwarded by the arbitrator. As the globalization in relation to business and
1 Cole, Tony, and Pietro Ortolani. Understanding International Arbitration. Routledge, 2019.

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trade have increased to a great extent after the World War II, the need or requirement regarding
the process of arbitration has also been noticed. An emergence of a process relating to arbitration
that may be utilized in order to settle and resolve disputes was noticed among several business
houses in various nations of the world. In the year of 1959, a treaty was given effect to by certain
nations in relation to arbitration purposes for the business world. The name of the treaty was
‘New York Arbitration Convention’.2 The aforementioned Convention had been accepted and
agreed upon by a quantum of one hundred and fifty four nations, who are also members to the
United Nations. A quantum of more than sixty five nations have participated in the decisions that
have been forwarded through the process of arbitration3.
The principal benefit and advantage in relation to international arbitration is the enforceability of
the process and its decision. The enforceability of litigation or the court cases in relation to the
business organizations in different nations is not guaranteed. It must be mentioned that a
particular process of arbitration is systematized on the basis of the consent of the involved parties
and the consequence regarding a particular process of arbitration is kept private and secret in all
the cases of arbitration. Other benefits or advantages regarding the process of arbitration include
speedy and swift process, time management and less expensive than court cases or litigation
processes. Hence, the process of arbitration is considered to be beneficial as compared to the
litigation processes in any particular nation4. Therefore, the focus of this study is the
international arbitration and the challenges that are faced relating to such international arbitration
in Pakistan.
2 New York Arbitration Convention, 1959.
3 Yamashita, Kenshiro, Tatsuya Emoto, and Kazuki Watanabe. "Sovereignty Immunity on International Arbitral
Awards in Asia: Based on New York Convention and Domestic Law in Asia on Sovereign
Immunity." ALSA (2017): 150.
4 Wessel, J., and B. Pilbrow. "The Roles of Psychology in International Arbitration-A Review." Transnational
Dispute Management (TDM) 15.1 (2018).