2023

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The seat and venue of arbitration
(UMT Lahore, 2023) Rida Baran
Arbitration has become a widely used mechanism for the resolution of disputes in Pakistan. One of the critical aspects of arbitration is the determination of the "seat" or "place" of arbitration, which determines the legal framework that governs the arbitration proceedings. The law of the Seat of Arbitration (hereinafter used as SOA) has significant implications on the procedural and substantive aspects of arbitration, including the powers and responsibilities of the arbitrator, the conduct of the arbitration proceedings, and the enforceability of the arbitral award. In Pakistan, the law of the seat of the arbitrator is governed by the "Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act 2011 and the Arbitration Act 1940". This research article provides an overview of the law of the seat of the arbitrator in Pakistan, discusses the legal framework, and analyzes the fundamental principles and issues related to the seat of arbitration from Pakistan's perspective.