Javascript must be enabled to continue!
An Analysis the Arbitration (International Investment Disputes) Act, 2011 with Reference to the Protection of Foreign Investors in Pakistan
View through CrossRef
The Arbitration (International Investment Disputes) Act, 2011 and its relevance in safeguarding foreign investors in Pakistan. They cover the role of the legal systems as instruments for determining the investment disputes in order to enhance the secure investment environment. It also seeks to investigate the effects of the changed law on the protection of foreign investors in Pakistan. As for the method of conducting the work, the study relies on the decisions made within the doctrinal legal research approach, and the analysis of the legislation, the case law, and the articles on Arbitration Act. This approach assists in critically evaluating a number of aspects the practical and theoretical in this case. According to the research evidence presented herein, the Arbitration Act offers adequate legal shelter with an effective legal provision addressing the concerns of the investors while giving them a fair shot at uncontaminated arbitrations as envisaged by the legislation. Nonetheless, it suffers from constraints including enforcement delays, and inadequate transparency levels. On the basis of the findings of the given study, it is possible to name the following directions of the improvement of legislation: The efficiency of enforcement of arbitral awards should be increased and the transparency of the arbitration procedures should be enhanced. Any steps towards rectifying these problems may also improve legal environment of foreign investment in Pakistan. As it emerges from this research, although the Arbitration Act, 2011 provides the framework needed in safeguarding foreign investor in Pakistan, there is a need to make practical changes so as to focus on enforcing arbitral awards and increase the degree of transparency of the arbitral process. The study is also confined by scarcity of systematic empirical evidence on the actual experiences of arbitration under the Act. It is therefore necessary to do further research on the main topic of the enforcement of arbitral awards and investor perceptions to fill the current research gap.
Ali Institute of Research & Skills Development
Title: An Analysis the Arbitration (International Investment Disputes) Act, 2011 with Reference to the Protection of Foreign Investors in Pakistan
Description:
The Arbitration (International Investment Disputes) Act, 2011 and its relevance in safeguarding foreign investors in Pakistan.
They cover the role of the legal systems as instruments for determining the investment disputes in order to enhance the secure investment environment.
It also seeks to investigate the effects of the changed law on the protection of foreign investors in Pakistan.
As for the method of conducting the work, the study relies on the decisions made within the doctrinal legal research approach, and the analysis of the legislation, the case law, and the articles on Arbitration Act.
This approach assists in critically evaluating a number of aspects the practical and theoretical in this case.
According to the research evidence presented herein, the Arbitration Act offers adequate legal shelter with an effective legal provision addressing the concerns of the investors while giving them a fair shot at uncontaminated arbitrations as envisaged by the legislation.
Nonetheless, it suffers from constraints including enforcement delays, and inadequate transparency levels.
On the basis of the findings of the given study, it is possible to name the following directions of the improvement of legislation: The efficiency of enforcement of arbitral awards should be increased and the transparency of the arbitration procedures should be enhanced.
Any steps towards rectifying these problems may also improve legal environment of foreign investment in Pakistan.
As it emerges from this research, although the Arbitration Act, 2011 provides the framework needed in safeguarding foreign investor in Pakistan, there is a need to make practical changes so as to focus on enforcing arbitral awards and increase the degree of transparency of the arbitral process.
The study is also confined by scarcity of systematic empirical evidence on the actual experiences of arbitration under the Act.
It is therefore necessary to do further research on the main topic of the enforcement of arbitral awards and investor perceptions to fill the current research gap.
Related Results
International Investment Arbitration
International Investment Arbitration
International investment arbitration is heterogeneous. At its core, it represents the settlement of international investment disputes between foreign investors and host States by a...
The Role of the Judiciary in Constitutional Interpretation in Pakistan
The Role of the Judiciary in Constitutional Interpretation in Pakistan
This study examines the evolving role of the judiciary in Pakistan in interpreting the Constitution, exploring how the courts have come to terms with their position as the primary ...
Arbitration System in Commercial Disputes in Pakistan and Enforcement of Foreign Awards
Arbitration System in Commercial Disputes in Pakistan and Enforcement of Foreign Awards
Arbitration, as a means of resolving commercial disputes, plays a pivotal role in Pakistan's legal landscape. This article provides an in-depth exploration of Pakistan's arbitratio...
PITFALLS IN THE DOMESTIC AND INTERNATIONAL COMMERCIAL ARBITRATION IN PAKISTAN
PITFALLS IN THE DOMESTIC AND INTERNATIONAL COMMERCIAL ARBITRATION IN PAKISTAN
Arbitration is a well-known and increasingly popular alternative dispute resolution method. It is a safe, cost-effective, and time-efficient alternative dispute resolution method. ...
THE IMPORTANCE OF ARBITRATION AGREEMENT IN WRITING: INTERNATIONAL, INDONESIA, AND NEW ZEALAND
THE IMPORTANCE OF ARBITRATION AGREEMENT IN WRITING: INTERNATIONAL, INDONESIA, AND NEW ZEALAND
International commercial arbitration has been one of the popular means to solve a dispute, including in Indonesia and New Zealand. In the event the cross-border commercial parties ...
The Relationship Between Electronic Word-of-Mouth Information, Information Adoption, and Investment Decisions of Vietnamese Stock Investors
The Relationship Between Electronic Word-of-Mouth Information, Information Adoption, and Investment Decisions of Vietnamese Stock Investors
Aim/Purpose: This study investigates the relationship between Electronic Word-of-Mouth (EWOM), Information Adoption, and the stock investment of Vietnamese investors.
Background: ...
Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi
Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi
The article analyses in detail the recently adopted Law on Arbitration in the Republic of Azerbaijan, which was intended to replace the Law on International Arbitration. The Law se...
ACTUAL ISSUES OF ASSESSMENT OF THE INVESTMENT ENVIRONMENT
ACTUAL ISSUES OF ASSESSMENT OF THE INVESTMENT ENVIRONMENT
One of the most important factors of the sustainable and safe development of the national economy is the availability of investment resources in the economy, the establishment of a...

