An Analysis the Arbitration (International Investment Disputes) Act, 2011 with Reference to the Protection of Foreign Investors in Pakistan

Authors

  • Khurram Baig PhD Scholar Gillani Law College, Bahauddin Zakariya University, Multan Author
  • Abdul Salam Soomro Lecturer Department of Law, Shaheed Zulfaqar Ali Bhutto University of Law Karachi Author
  • Yasir Arafat Federal Investigation Agency, LL.M Scholar University of Lahore (UOL) Author
  • Muhammad Hanif Zafar School of Law, LLM. Times Institute Multan, Pakistan Author

DOI:

https://doi.org/10.59075/b66feb65

Keywords:

Arbitration; Alternative Dispute; Investment; Foreign Investors

Abstract

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.

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Published

2025-01-07

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