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" PAKISTAN'S CASE WITH ARBITRABILITY PAKISTAN'S CASE WITH ARBITRABILITY   By   Naima Ahmed, Advocate High Court, Lahore   Introduction   International Commercial Arbitration has evolved to be one of the most exclusive ways of dispute settlement outside of realm of national courts. The corporate interests like its efficiency as there is far better possibility of achieving a relatively economical solution and provides finality through a quick and less formal procedure. The parties are able to maintain confidentiality which is important especially when they wish to protect their trade secrets and commercial interests. These factors are essential when dealing with cross border transactions involving foreign investment where neutrality in terms of venue, the law and the arbitrators are considered prime by the parties in settling their disputes. The neutrality ensures that the arbitral tribunal deciding the matter at hand is detached from any direct national influence therefore giving loyalty primarily to the parties. Thus such mechanism provides a level playing field for both parties involved. While these are the capable qualities that arbitration offers it is however various other elements that make or break the entire arbitration such as how well is the arbitration agreement drafted, the experience and competence of arbitrators and how a judge of a national court perceives the entire process of arbitration.   Today the most important field of international arbitration is foreign investment. The use of arbitration for resolving foreign investment disputes provides a safe haven especially for foreign investors involved in global economic activity due to its trusted, credible and workable system in place. This 'safe haven' encompasses two main things…
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