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Pakistan ADR Framework Update

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0% found this document useful (0 votes)
132 views4 pages

Pakistan ADR Framework Update

Notification issued

Uploaded by

tahir dogar
Copyright
© © All Rights Reserved
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LAW AND JUSTICE COMMISSION OF PAKISTAN

(SUPREME COURT BUILDING)


ISLAMABAD

I slamabad. the 22nd July . 2024

NOTIFICATION
F.No.56/IMP of Legal Framework of ADR/JS@es)/2022[LJCP.- In supersession of this Secretariat's
Notification No.F.No.56/Arbitration Law Review Comm itt ee/JS(R)1202311-JCP dated 116 April 2023 and
Notification No.F.No.56/IMP of Legal Framework of ADRTJS(Res)/2022|LJCP dated l5m February, 2024 and
Conigendum of even number dated 20s February 2024, the Hon'ble Chief Justice of Pakistan being Chairman,
Law and Justice Commission ofPakistan (LJCP) has been pleased to re-constitute the Altemate Dispute Resolution
Committee (the ADR Committee) and the Altemate Dispute Resolution Task Force (ADR Task Force) to ensure
concerted and coordinated efforts for the setting up and implementing the legal, structural and organizational
Framework of Altemate Dispute Resolution (ADR) in Pakistan.

2. The ADR Committee shall comprise

(D Hon'ble Mr. Justice Yahya Afridi, Chairman


Judge, Supreme Court ofPakistan

( ii) Hon'ble Mrs. Justice Ayesha A. Malik, Member


Judge, Supreme Court of Pakistan

(iii) Hon'ble Mr. Justice Shahid Waheed, Member


Judge, Supreme Court Pakistan

3. There shall be an ADR Task Force to assist the ADR Committee which shall consist of the following,

namely:-

(i) Hon'ble Mr. Justice Muhammad Hashim Khan Kakar, Member


Chief Justice, High Court of Balochistan, Quetta

(ii) Hon'ble Mr. Justice Jawad Hassan, Member


Judge, Lahore High Court, Lahore

(iii) Hon'ble Mr. Justice Yousaf Ali Sayeed, Member


Judge, High Court ofSindh, Karachi

( iv) Hon'ble Mr. Justice Syed Muharnmad Attique Shah, Member


Judge, Peshawar High Court, Peshawar

(v) Hon'ble Mr. Justice Miangul Hassan Aurangzeb, Member


Judge, Islamabad High Court, Islamabad

(ri) Ms. Sadaf Khokhar, District and Sessions Judge / Member


Member Inspection Team, High Court of Sindh, Karachi

(vii) Ms. Uzma Farnaz, Member


Additional District and Sessions Judge, Narowal

(viii) Ms. Shabana Mehsood, Member


Additional District and Sessions Judge, Abbottabad

(ix) Mr. Shams Uddin Sarpara, Member


Additional District and Sessions Judge, Quetta

(x) Ms. Sanam Bokhari, Civil Judge cum Magistrate, Islamabad Member

(xi) Attomey General for Pakistan Co-opted Member

(xii) Representative ofthe Ministry of Law and Justice Co-opted Member


(xiii) Advocates General ofthe Provinces & ICT Co-opted Members

(xiv) Mr. Muhammad Makhdoom Ali Khan, Co-opted Member


Senior Advocate Supreme Court ofPakistan

(xv) Mr. Feisal Hussain Naqvi, Advocate Supreme Court ofPakistan Co-opted Member

(xvi) Mian Sami Uddin, Advocate Supreme Court of Pakistan Co-opted Member

(xvii) Ms. Riffat Inam Butt,


Secretary, Law and Justice Commission of Pakistan, Islamabad Member/Secretary of
the Comm;ttee

4. The ADR Committee's purpose and mandate are to design and establish a legal, structural and

organizational framework for Altemate Dispute Resolution (ADR) in Pakistan. To achieve this goal, the ADR
Task Force will operate under the supen,ision of the ADR Committee and provide full support to promptly
accomplish the objective of the ADR Committee. The members of the ADR Task Force will be the core group,
while co-opted members may be invited by the ADR Committee as needed.

5. The functions of the ADR Committee to achieve its purpose may include, but are not limited to the
following:

(i) make recommendations to the respective Govemments to expedite the formulation and enactment of
the subordinate legislation under their respective laws.

(iil review the existing legislation on the subject, address any inconsistencies, and propose alignment
with best practices.

(iii) develop and advocate for a commercial altemative dispute resolution (ADR) framework

(iv) ensure that the Federal and Provincial Govemments take necessary actions to promptly fulfil thelr
obligations under ADR laws. This includes establishing ADR centres, appointing accreditation and
certification authorities, and notifying panels of neutrals, mediators, conciliators, arbitrators, and
experts. They should also address any other infrastructural and human resource needs.

(v) recommend that the High Courts use the provisions of their respective ADR laws and mechanisms
and establish necessary infrastructure where needed in their jurisdictions.

("i) anange training sessions through the Federal Judicial Academy and the Provincial Judicial
Academies in collaboration with LJCP on alternative dispute resolution (ADR) forjudges, lawyers,
expefts, and other stakeholders.

(vii) sensitize the Bar Councils and Bar Associations about ADR mechanisms, and also encourage and
arrange training for lawyers.

(viii) Create awareness among the general public about the legislative and structural framework ofADR
and its benefits. For this, LJCP will conduct workshops and other advocacy campaigns in
collaboration with other stakeholdels.

(i*) coordinate and collaborate with local and intemational organizations working in the subject area for
research, capacity building and training, data collection, awareness, and exchange study visits.

(x) any other initiative required to meet the objectives ofthe ADR framework; and

6. For procedural purposes, the ADR Committee shall formulate such Standing Operating Procedures (SOPs)

as it deems appropriate.

7. The committee has the authority to create sub-committees from the members ofthe Task Force for specific

tasks
8. The ADR Committee has the authority to invite subject matter experts from both the govemment and
private sector to participate in its functions.

9. The Chair of the ADR Committee shall preside over the meetings of the Committee & the ADR Task
Force

10. The High Courts and govemment departments shall ensure the execution and implementation of the
decisions and directions of the ADR Committee-

I 1 . The Secretariat ofthe Law and Justice Comm ission ofPakistan will be the point ofcontact and will provide

the necessary support and assistance to the ADR Committee for its functioning.

12. The ADR Committee shall submit a progress report to the Hon'ble Chief Justice of Pakistan/Chairman,
Law and Justice Commission ofPakistan every three months.

at Inam Butt)
Secretarv
Law and Justice Commission of Pakistan

Copy for information to: -

l. Secretary to Hon'ble ChiefJustice of Pakistan/Chairman, LJCP.

2. PS to Hon'ble Mr. Justice Yahya Afridi, Judge, Supreme Court of Pakistan.

3. PS to Hon'ble Mrs. Justice Ayesha A. Malik, Judge, Supreme Court of Pakistan.

4. PS to Hon'ble Mr. Justice Shahid Waheed, Judge, Supreme Court Pakistan, Islamabad.

5. PS to Hon'ble Mr. Justice Muhammad Hashin Khan Kakar, Chief Justice, High Court of
Balochistan, Quetta.

6. PS to Hon'ble Mr. Justice Jawad Hassan, Judge, Lahore High Court, Lalore.

7. PS to Hon'ble Mr. Justice YousafAli Sayeed, Judge, High Court ofSindh, Karachi

8. PS to Hon'ble Mr. Justice Syed Muhammad Attique Shah, Judge, Peshawar High Court,
Peshawar.
9. PS to Hon'ble Mr. Justice Miangul Hassan Aurangzeb, Judge, Islamabad High Courl
Islamabad.
10. Ms. Sadaf Khokhar, District and Sessions Judge/I4ember lnspection Team, High Court of
Sindh, Karachi.

I l. Ms. Uzma Famaz, Additional District and Session Judge, Narowal

12. Ms. Shabana Mehsood, Additional District and Sessions Judge, Abbottabad

13. Mr. Shams Uddin Sarpara, Additional District and Sessions Judge, Quetta

14. Ms. Sanam Bokhari, Civil Judge cum Magistrate, Islamabad

15. The Attomey General for Pakistan, Supreme Court Building, Islamabad

16. Secretary, Ministry of Law and Justice, Islamabad


17. Advocate General oflCT, Islamabad

'l,1 18. Advocate General of Punjab

19. Advocate General of Sindh

20. Advocate General of Balochistan

2l . Advocate General of Khyber Pakhtunkhwa

22. Mr. Muhammad Makhdoom Ali Khan, Senior Advocate Supreme Court

23 Mr. Feisal Hussain Naqvi, Advocate Supreme Court of Pakistan

24 Mian Sami Uddin, Advocate Supreme Court of Pakistan

25 APS to Secretary, LJCP.

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