Introduction:
There is no doubt that difference of opinion is an ordinary phenomenon in social life. Such differences are resolved by the people amicably themselves or through efforts of their relatives, friends or other respectable and trustworthy persons. Influential persons of a locality or an area play their roles for resolution of disputes amongst the people of locality or area through traditional means which are known as “Punchayat” or “Jirga”, etc. There are different words or terminology used to state such dispute resolution methods. Thus, the Punchayat or Jirga, etc., are the ancient means of dispute resolution, whether social or business and commercial disputes.
However, differences of opinion in business and commercial matters cost the parties heavily. Parties suffer in terms of their cost factor as well as increase or decrease in worth of subject-matter with passage of time.
Although the Constitution of the Islamic Republic of Pakistan in its Preamble, Articles 4, 8, 10A and 175 provides about basic principles of justice, rule of law and administration of justice through courts established under the Constitution or law. There is Supreme Court of Pakistan, High Courts, Federal Shariat Court and other Courts which are administering justice in Pakistan. However, due to large number of cases it is difficult for courts to decide cases speedily or within a reasonable time-frame even after best efforts. Litigant public has to wait for settlement of their disputes by the courts for years. There is also cost of litigation in the form of Court-fees and professional fees of Lawyers/Advocates in addition to other miscellaneous expenses by the parties on their cases.
In ordinary matters the litigant can wait for years but in business matters it is practically difficult to wait for a long time as the business worth or importance of subject matters is either decreased or increased with changed circumstances. Thus, business community is always making efforts to resolve their disputes outside courts to save their time and money.
Due to delayed justice from the courts of law throughout world, there are trends to resolve the disputes through alternative methods instead of resorting to courts of law to avoid cost of litigation and save precious time ordinarily spent in litigation.
Thus, in this way, with the passage of time, the concepts of Arbitration, Mediation, Conciliation, Negotiation, Pre-Trial Assessment, Mini-Trial, Expert Opinion and Alternative Dispute Resolution Methods (ADRMs) are becoming popular amongst ordinary people and business community.
With the passage of time, the Arbitration has developed the most effective method of resolution and settlement of business and commercial disputes. It has also taken an institutional form with the establishment of local, regional, national and international arbitration for a. In Pakistan although traditional Punchayat or Jirga, etc., systems are being effective used by ordinary people but its modern form Arbitration is least used in Pakistan. However, due to overburdened courts, court-fees, professional fees of Lawyers/Advocates and other miscellaneous expenses, there is a realization in business and trading community to resort Arbitration for resolution and settlement of their business and commercial disputes.
In Islamabad, the Asian Arbitration Centre was established in the year 2010 by our law firm but there was a lukewarm response from the business and trading community. However, with passage of time and more emphasis added by the Government regarding resolution of disputes by Arbitration and ADRs, it is now again realized that there should be a state of the art facility providing Arbitration, Mediation, Conciliation, Negotiation, Pre-Trial Assessment, Mini-Trial, Expert Opinion and Alternative Dispute Resolution Methods (ADRMs). Thus, Islamabad Centre for Resolution of Disputes (ICARD) is established by former judges, experts in the legal profession and researchers in business and commerce for resolution and settlement of all type of disputes i.e. family, social, business, commercial, trading, etc., through arbitration and ADRMs. ICARD will provide free advisory and consultation services in ordinary matters and particularly in family and social matters. However, in business and commercial matters quite reasonable and affordable services charges and professional fees, etc., have been prescribed.
Vision:
Happy Social, Commercial and Business Relations after Resolution of Disputes
Mission:
Neutrality, Confidentiality, Trust and Expertise are Our Hallmarks in Resolution of Disputes