Editorial
I work in a corporate firm. We deal with multiple parties/vendors; often we know them personally or don’t sometimes. The whole business works on trust: we receive bookings worth millions. We proceed with tokens.
We are deceived also sometimes. For instance, a couple procured visas and paid nothing on the promise of paying later. Later they entered into the foreign country without intimation. The company, according to the rule, was charged Nakba of 575 sar. We thought about ways to get the fine recovered from the customer. We had nothing at our end except fighting or litigation.
In Pakistan, the Arbitration culture at the local level in the corporate industry has never been utilized effectively. Even minor corporate disputes end up in courts and lead to serious criminal offenses sometimes. Additionally, small traders and consumers often have grievances (faulty goods, unpaid invoices) that never get addressed because courts are too cumbersome for them; a local mediation forum could handle these in days.
Lack of effective Arbitration mechanisms and a slow litigation process erode the ease of doing business. Capital is a very sensitive thing; it comes to a place where governance and justice systems are conducive.
In the United States companies prefer to settle alternatively outside of the courtrooms. Because if they litigate unnecessarily, waste courts’ time, and delay the hearings, they’ll be charged a fine on the spot. To understand America’s corporate justice system, there is a Netflix series that is recommended: Suit. It’s a series, covering the day-to-day working of a law firm. However, courtroom scenes are few. Parties and even lawyers prefer to settle disputes even before they reach the courtroom.
The Republic Policy’s book, Fixing the Judiciary in Pakistan, is the best book to understand the usefulness of ADR. It argues for strengthening the Alternative Dispute Resolution (ADRs) and De-Judicialization of the Pakistani society.
For lawyers, judges, and students of law, this is a must-read.
To get a copy, 0341-4222501
