Daily Times

KARACHI: The Chief Justice of Pakistan MianSaqibNisar emphasized the importance of arbitration which is as an alternate dispute resolution mechanism to resolve interstate disputes. He called on the South Asian Association for Regional Cooperation (SAARC) nations to benefit from it to resolve commercial issues.

He was addressing the SAARC Law conference held at a local hotel to celebrate SAARC Law’s 25th anniversary.

Chief Justice of Sri Lanka K. Sripavan, Supreme Court’s Justice Asif Saeed Khan Khosa, K.K Venugopal senior advocate of the Supreme Court of India and other judges of the apex and high courts were present at the occasion.

The Chief Justice said that there was no doubt that the countries within the SAARC region face immense challenges emerging from our inability to root out poverty.

“As the SAARC members are old civilizations with vibrant traditions and rich cultures they should learn from each other’s culture.”

The CJP said that it was only with these four key principles – good governance, substantial socio-economic development, preservation and promotion of culture and environment of relationship – that the challenges emerging from poverty can be dealt with.

“We as nations must meaningfully contact with one another and work together in a spirit of good faith, cooperation, passion, and tolerance.”

The CJP said that Pakistan’s system of governance and constitutional setup is based upon the tracheotomy of power but the beauty of the system is that there are checks and balances that preclude any other institution of the state encroaching upon another.

“We, the judiciary, are provided with powers under the constitution and in exercise of our inherent powers we review the administrative actions of the executive in the areas where reasonable abuse and misuse of authority is found.”

Chief Justice Nisar said, “I was ever conscious of our collective duty to ensure social justice through our decisions. Ever since I was elevated as a judge I tried to ensure that no party is aggrieved. “I have ever desire to do utmost to build our judicial system to ensure meaningful, affordable and speedy justice for all and sundry.”

He was of the view that the only guarantee for good governance and social security is justice.

He said that the problems facing the judicial system are common in the SAARC region. “A feeling of disenchantment among general public which arises from being denied justice was a matter of great concern for judges and members of bar.”

The CJP said that only the litigant who is involved in a case can truly feel anguish and pain that never comes to an end. “We must take special care that we do not desensitize and use whatever power vested in us to improve our efficiency while upholding the principle of fairness.”

The CJP said that world is a global village, science is reaching new heights, and every day new inventions are coming, the judiciary too has to keep up with the modern times. “The technology can facilitate by bringing the member judiciary and legal experts from all over the region at single platform to address the issues concerning the state of justice, benefiting the real beneficiaries of system.”

Deliberating on the arbitration as an alternative dispute mechanism, he opined that SAARC members can benefit from it to resolve both the state to state issues and issues involving private parties, which would help enhancing business and trade among the region.

“India capitalizes on arbitration, so do other regional countries including Bangladesh. The arbitration is key to economic development and can help resolve peacefully inter and intra state dispute as Pak India had previously resolved various water issues through arbitration within the frame of Indus Water Treaty.”

Chief Justice of Sri Lanka K. Sripavan also spoke on the occasion.

Rakesh Munjal, senior advocate of the Supreme Court of India, Purna Man Shakya senior advocate Supreme Court of Nepal, Syed Ali Zafar former president of Supreme Court Bar Association, J M Swamminathan senior advocate from Sri Lanka spoke about the Arbitration, Successes and Failures in the SAARC Region.