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The phenomenon of pay gap and gender equality.
(UMT Lahore, 2022) Muhammad Yasir Iqbal
The aim of this study is to explore the context of gender pay gap, its different concept and methods, related facts, and in particular focus on the legal landscape of Pakistan; its international obligations, constitutional and legal responsibilities towards gender parity that play a direct or indirect role in gender pay gap. The thesis further explores explained and unexplained factors behind the gender pay gap from different disciplines such as economics, statistics, sociology and perspectives like management, feminism. Moreover, we conducted a questionnaire and interview based survey with faculty and human resource department to gain an insight about their perspective whether misogyny plays any role in gender pay gap, we used their livid experiences, perceptions, opinions and awareness as foundation theory to drive at the main question about misogyny, which the participants found to be a minor cause, whereas majority agreed to widespread existence of gender discrimination, irrespective of their personal experiences being different. Similarly, to validate our query we also cross-examined the human resource department, and we found stereotypes such as undervaluation as when negotiating salary at job interview, it's a woman's own choice if she agrees to less than her productive value. Also a typical stereotype that it's a man's job, such as technical jobs of accounts and finance, we were told that it is where we have 'male-preference' because they tend to do a better at it, which is not conclusive evidence of gender bias but further inquiry in the subject may lead to existence of more problematic motives that do cause gender pay gap in education industry. In the end of the thesis we have listed down recommendations for governments, regulatory bodies, unions, organizations, employees and NGOs.
Effects of corporate governance on a business's financial performance and stability.
(UMT Lahore, 2022) ATIQ UR REHMAN
In this study, corporate governance on financial performance and stability of business is discussed with respect to steel mills of Pakistan for financial aspects. Basically, all the corporate governance companies can benefit greatly from well-managed corporate governance procedures. Resource allocation and the growth of capital markets are both influenced by good corporate governance. It has an effect on the actions and results of businesses, the rate of innovation and entrepreneurship, and the growth of a thriving M&E industry. Many aspects of a corporation benefit from good corporate governance, including the company's reputation, the confidence of its shareholders, and the likelihood that it will engage in fraudulent practices. To lighten the government's financial load, the Economic Coordination Committee (ECC) of the Cabinet authorized Pakistan Steel Mills' (PSM) retrenchment plan. The government of Pakistan has been providing bailout deals totaling PKR 58 billion to PSM every year since 2008-09. PSM was supposed to be a major factor in economic growth, but it has fallen short of those projections. Looking back, PSM was a missed chance to improve Pakistan's economy. It might have been the deciding factor that propelled Pakistan to the forefront of the global steel market. The availability of raw materials has a significant impact on the location of the iron and steel industry since the business relies heavily on enormous numbers of heavy and weight-losing raw materials. Companies' bottom lines can benefit greatly from well-managed corporate governance procedures. Many aspects of a corporation benefit from good corporate governance, including the company's reputation, the confidence of its shareholders, and the likelihood that it will engage in fraudulent practices. Resource allocation and the growth of capital markets are both influenced by good corporate governance. It has an effect on the actions and results of businesses, the rate of innovation and entrepreneurship, and the growth of a thriving industry. By being open and responsible, corporate governance helps businesses perform better and increase shareholder value. The authors of this paper propose a model that illustrates how efficient corporate governance mechanisms can help to alleviate the issue of conflicting interests in regards to ownership and control inside a business's internal structures. Governments can enact tariffs, which place additional taxes on imported goods to raise costs and make domestic products more competitive, or subsidies, which tax the public and give the money to an industry. Businesses or entire industries may be stymied by increased taxes, levies, and regulation.
Impact of artificial intelligence technologies on dispute resolution mechanisms.
(UMT Lahore, 2022) Aurang Zaib Ashraf
Looking back few decades, lives were quite different and difficult from the recent developments in legal systems around the globe. Besides other spheres of life, this generation is witnessing profound impact that technology has had not only on our daily interactions but legal jurisdiction and systems. The way in which disputes are resolved is one area that has undergone rapid transformation. Whether it's an e-commerce dispute or a cinema ticket, technology has made it much easier to find a solution to any problem that arises. Dispute resolution via technology has also received praise on the international stage. Online dispute resolution (ODR) has recently been adopted as a method in numerous jurisdictions. As a first step toward a more efficient legal system and a more peaceful society, this article examines the possibilities and opportunities how artificial intelligence-based technologies can help legal structure for its reforms, and especially its usage for dispute resolution. Further, this study takes the opportunity to review the potentials and obstacles in legal structure of Pakistan for implementing alike modern technologies to establish electronic courts (e-courts) and improve the mechanism to resolve complex matters. For the same, a comparative study approach is used to survey e-courts in Malaysia and India. Analysis and comparisons of different e-courts trends around the world with Pakistani legal systems will be made. When it comes to Pakistan's courts, how compatible are the e-courts' system and how can it be implemented in existing judicial system of Pakistan along with what obstacles are in the way of digitising. While answering these queries, this study will suggest recommendations accordingly.
Justice delayed is justice denied.
(UMT Lahore, 2022-06) Hafiz Muhammad Salman Shafiq
The access to justice is a serious issue in the developing countries. In a country like Pakistan there are examples of court trials pending for the last two to three decades. The purpose of the study is to investigate different reasons for delay in court trials and access to justice in Pakistani courts. This qualitative study was conducted through structured interviews of legal experts and media personnel working in Lahore, the capital of the largest populated Punjab province of the country (n=40). The data collected through structured interviews comprising five sections was analysed using the technique of thematic analysis. The study results revealed that there were 10 reasons of delayed justice; including lawyers' strikes and non-professional behaviour, long procedure, unavailability of petitioners and respondents, carelessness of court staff, less number of judges, frequent transfers of judges and shortage of courts. About solutions, the study participants suggested that the Supreme Judicial Council should come up with specific laws for lower courts. Bar Councils should play role to discourage strikes. The use of information technology can be one of the best option as it can help establish electronic courts (E courts) which can be very helpful for case hearings from distance (distance hearing). The traditional and social media can play role by spreading awareness programmes to stress upon the need of speedy justice.
Exploring the restructure impacts of companies in Pakistan
(UMT Lahore, 2023) SHAHZAD SARFRAZ
this thesis explores the impacts of corporate restructuring in pakistan, shedding light on the multifaceted effects of such strategic initiatives on the companies and the broader economy. the study investigates various forms of restructuring, including mergers, acquisitions, divestitures, and financial reengineering, and their implications for the involved firms and stakeholders. the research encompasses an extensive analysis of financial data, stock market performance, and qualitative indicators to assess the short-term and long-term consequences of restructuring activities. by examining case studies and conducting interviews with key industry experts, the study aims to understand the motivations behind corporate restructuring decisions and their effects on organizational efficiency, productivity, and competitiveness. furthermore, the thesis investigates the impact of restructuring on employment patterns, corporate culture, and employee morale, thereby providing valuable insights into the social implications of such strategic changes. additionally, it evaluates the regulatory environment and government policies that may influence the success or failure of restructuring efforts in pakistan. through a comprehensive analysis of the data, this research aims to offer valuable recommendations for policymakers, corporate executives, and investors on optimizing the outcomes of corporate restructuring activities in pakistan. by understanding the challenges and opportunities posed by restructuring, businesses can develop effective strategies to navigate the dynamic economic landscape and foster sustainable growth
Social responsibility of corporate sector
(UMT Lahore, 2023) Balqees Amjad
this thesis begins with a brief introduction about the concept of social responsibility of corporate sector (csr) and talks about the evolution and the history of csr in the uk and the legal framework in pakistan. the purpose of the study is to investigate the diversity in the laws and regulations and the cultural milieu in which corporations operate in the uk and pakistan which led to the differences and similarities in csr practices. this thesis aims to evaluate and compare the incorporation of term, definition, influence of religion, role of civil societies, governmental actions, spending, reporting, national strategies, visibility, spectrum, transparency, financial aspects, sustainable activities, awards culture and educational programs, legal and regulatory frameworks of csr practices in 2 regions of the world namely the british isle, and pakistan. this qualitative study is conducted through comparative research analysis. the study results revealed that csr activities coupled with similarities and differences are shifting from philanthropy to sustainability, the csr movement in most of the nations is yet to gain the mainstream acceptance as it enjoys in the developed countries. it goes on to deal with the csr regulations in the united kingdom and pakistan that are in place at the present. an attempt has been made to compare two regions not only in legal spectrum but also with ancillary connected matters which has made impetus to grow the culture of csr not only in the developed regions but also developing regions of the world.
Public policy challenges
(UMT Lahore, 2023) Baran Khan Sherwan
Arbitration is widely recognized as an effective alternative dispute resolution mechanism in the realm of commercial and international trade disputes. In Pakistan, the use of arbitration has gained momentum over the years due to its potential for expeditious and impartial resolution of disputes. However, despite the increasing popularity of arbitration, challenges persist in the enforcement of arbitral awards, primarily stemming from the complex landscape of public policy considerations. This research examines the public policy challenges that impede the smooth enforcement of arbitral awards in Pakistan. By conducting a comprehensive review of relevant legal frameworks, case law, and scholarly literature, this study sheds light on the various dimensions of public policy as a ground for resisting the enforcement of arbitral awards. The findings reveal that the definition and interpretation of public policy in Pakistan are broad and flexible, allowing courts significant discretion in their assessment of the enforceability of arbitral awards. Consequently, this lack of a precise and uniform approach has led to inconsistent decisions, undermining the certainty and predictability that are essential for the growth of arbitration as a preferred mode of dispute resolution. In conclusion, addressing the public policy challenges surrounding the enforcement of arbitral awards in Pakistan is crucial for promoting investor confidence, encouraging foreign investment, and establishing the country as a reliable seat for arbitration. Through a focused effort on clarifying and streamlining the application of public policy, Pakistan can harness the full potential of arbitration as a robust mechanism for resolving disputes and fostering economic growth.
Child labour and its legislation in Pakistan
(UMT Lahore, 2023) AFSHAN IQBAL; MUHAMMAD AZHAR; MUHAMMAD ABDULLAH
The project's problem, child labor, is a huge global one. the study explores the problem of child labor worldwide and how different countries abuse children by making them work longer hours and profiting from it. the subject of banning child labor is complex, and the organizations engaged each have their own viewpoints, objectives, and concerns. without attempting to explain this complicated, one would concentrate on the between differences child labor and child work as well possible of repercussions doing so, whether knowingly or unknowingly. child labor is a reflection of the rights violations against children that lead to their exploitation and other types of deprivation. child labor represents social inequity and weakness, the demise of social safety nets, the severity of need, the scarcity of opportunities for well-being and education, and a lack of financial independence. the initiative also identifies the features that contribute to child labor. it also covers potential fixes for this problem. without acknowledging it, the culmination of this study and the cures for the curse is portrayed as the issue. to make pakistan a happy place for every child
Examining the legal framework for cybercrimes in Pakistan
(UMT Lahore, 2023) Haseeb Sharif
This research offers a comprehensive analysis of the legal structure governing cybercrimes in Pakistan, with a specific emphasis on the Prevention of Electronic Crimes Act (PECA). This paper provides an overview of the prevailing categories of cybercrimes and examines the difficulties associated with the enforcement of relevant legislation. Additionally, the study conducts a comparative analysis of the legal framework in Pakistan in relation to international best practices, and offers suggestions for improving the legal and procedural frameworks within the country. The paper concludes by providing recommendations for future research, highlighting the importance of adopting an interdisciplinary perspective, conducting comparative analyses, and investigating the societal ramifications of cybercrimes.
Factors influencing the decisions of multinational corporations to invest in underdeveloped countries
(UMT Lahore, 2023) Sara Azhar
Multinational corporations (MNCs) have a long history and have a long impact on the development of the economies where they carry out operation. Their influence lies in the 'country of origin' (where they come from), in the 'host country' (where their economic activity takes place) and in the 'third country' (where their contribution extends). In this article, we will look into the impact on the country where their economic activity carried out. Multinational companies have long played an important role on the world stage. In recent years, more development has established itself as a modern world order that has changed the models of the world. Globalization is driven by multinational corporations, which have an immense role in shaping economic relations at international level. Huge foreign direct investments aim to help people in need. This article recognizes multinational corporations as transnational non-state actors exercising sustained political and economic influence in regions of developing countries. After the debate over whether multinationals are saviors or predators, developing countries are as old as multinationals. This article focuses on the theoretical framework of multinational companies in Pakistan, how multinational companies can be legally registered in Pakistan and legal instruments that protect foreign investors in Pakistan. The focus is on the historical development and specificity of multinational companies. Also included is case study on Pakistan, which examines the economic development pattern of foreign investment.
A critical analysis of biasness of arbitrators in international commercial arbitration
(UMT Lahore, 2023) Abdullah Ghafoor
International commercial arbitration has now been recognized as the best methods in international trade for resolving dispute. the reason behind this recognition is that it allows parties to select the way through which their disputes will be decided andadjudicated upon. international organizations like iba, icc and lcia have enacted rules and regulations to curtail biasesnes of arbitrators and succeded to much extended. among these organizations the rules of iba have been improved as soft guidelines for all kind of arbitarion, be it adhoc or institutional. this thesis will make a critical yet compatative analysis of rules of these instituions to examin the impartiality and independence of arbitrators and will suggest the establishment of court of arbitration that will interpret the rules of all the organization to maintain uniformity in the process and the rules
Analysis of commercial aspects of Kerala model of decentralization in perspective of Pakistan.
(UMT Lahore, 2023) Sami Ullah Mohsan
This abstract provides an overview of the commercial aspects of the Kerala Model of Decentralization and highlights key lessons that can be drawn for Pakistan. The Kerala Model of Decentralization refers to the progressive system of local governance implemented in the Indian state of Kerala, which emphasizes grassroots participation, devolution of power, and community-driven development. This model has demonstrated several noteworthy commercial implications that have contributed to the state's socio-economic progress. One significant aspect of the Kerala Model is its emphasis on human development and social welfare. Through decentralized governance structures, Kerala has effectively utilized local resources and focused on improving social indicators such as education, healthcare, and poverty alleviation. These investments in human capital have had positive spill-over effects on the commercial landscape of the state, including enhanced labor productivity, increased consumer spending, and a skilled workforce. Furthermore, Kerala's decentralized approach has fostered a favorable environment for entrepreneurship and small-scale industries. By empowering local self-government bodies, the model has encouraged the growth of micro, small, and medium-sized enterprises (MSMEs). These enterprises, supported by government initiatives and access to credit, have thrived and contributed to job creation, regional development, and overall economic growth. The Kerala Model also highlights the importance of inclusive and sustainable economic development. The state has successfully balanced environmental conservation with economic activities, promoting eco-tourism, organic farming, and sustainable practices. By integrating environmental concerns into commercial ventures, Kerala has built a reputation for responsible and ethical business practices, attracting conscious consumers and fostering green entrepreneurship. The lessons from the Kerala Model hold significant implications for Pakistan's own decentralization efforts and commercial landscape. Pakistan can benefit from adopting a bottom-up approach, empowering local governments, and involving communities in decision-making processes. Promoting social welfare, investing in human capital, and improving key social indicators are essential for creating a robust commercial environment. Additionally, Pakistan can focus on creating an enabling ecosystem for MSMEs, providing them with access to finance, business development services, and a supportive regulatory framework. By prioritizing inclusive economic development and sustainable practices, Pakistan can promote responsible entrepreneurship, drive job creation, and mitigate environmental challenges. In conclusion, the commercial aspects of the Kerala Model of Decentralization offer valuable insights for Pakistan. By incorporating principles of grassroots participation, human development, inclusive growth, and sustainable practices, Pakistan can unlock its economic potential, foster entrepreneurship, and create a more prosperous and equitable society.
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.
Online harassment laws in Pakistan and understanding its ramifications in the eye of law.
(UMT Lahore, 2023-06-22) Muhammad Arslan; Hadiya Ilyas; Irfan Shahbaz; Ali Sher
Where world is blessed with the countless usefulness of internet, there are also some cons attached to the usage of internet. online harassment is a global phenomenon and in particular there are majority of the victims all around the world. in a country like pakistan where internet and social networking sites are growing gradually and the cyber control laws are not up to the mark therefore online harassment cases are increasing. therefore this study that is descriptive in nature was aimed to find out the online harassment cases and the experiences of the pakistani young social media users. the findings showed that majority of the respondents have clear understanding about this phenomenon however they are unaware to cope with the situation therefore they are reluctant to report the formal complaints because of lack of proper training, unaware of how to report first and have fear of the outcomes if they report it. the results stressed upon the government and other relevant institutions to arrange online trainings, strict laws and an organised mechanism of implementation of the laws. increased time spent online in combination with current internet trends such as social networking have led to new risks for online harassment. this problem has been given much attention for youth, but little has been done to describe the risks of online harassment experienced by them even though they demonstrate the internet. the first chapter of thesis talks about the broader definition of online harassment including its mediums and consequences. moreover it discusses the research questions and objectives of the whole study with a little cope up of significance of the research topic. the second chapter talks about the whole legal framework of online harassment since the existence of pakistan through discussing its historical context and relevant laws with landmark judgements of it. the third chapter talks about the international legal perspective and framework on online harassment and further talks about the conventions which are ratified by our state pakistan as well. lastly, the fourth chapter discusses the conclusion and recommendations of the entire research including it suggestions on the research topic.
An international juxtaposition of mediation laws
(UMT Lahore, 2023-07) Aateka Shuja
This research paper tends to explain the concept of mediation which is one of the limbs of mediation in detail. the laws relating to mediation internationally and in Pakistan have been discussed. earlier, there were not enough legislations that dealt with mediation, but now several laws relating to mediation have been enacted that deal with it on national as well as international levels. mediation has also been discussed at international level as well that how it is working and how much successful it is. strengths and limitations of mediation have been analyzed. mediation has lessened the burden on courts which is considered to be a step towards the progress of the Pakistani judicial system. the working of the mediation proceedings in Pakistan has also progressed a lot. many mediation centers have been established that resolve disputes of parties by appointing a mediator. courts have also started to refer matters to these centers, which have eventually lessened the burden on the judiciary; working of mediation courts in Pakistan has also been focused upon. in response to the urgent need for mediation methods, Pakistan has introduced the different provisions made possible by the mediation. this research paper indicates that the relevant laws may not apply with the desired results as they encourage government mediation instead of community-driven mediation. the reason for the success of mediation in developing countries like bangladesh is due to involvement of the local community and hence the idea of the mediation state contradicts its spirit. the purpose of this document is to fill the gaps in Pakistan's current mediation legislation and propose possible reforms for its improvisation.
Existence of deception in business world of Pakistan and currently available legal remedies to eradicate it.
(UMT Lahore, 2023-08) Baleegh-Ur-Rehman
This research study is based upon the prevailing business conditions in Pakistan, with the specific object of detection of deception currently present in the business hub of Pakistan. The focus is on the industries, which are mostly relevant to the everyday affairs of the general public. Particularly identified most of the deceptive practices and acts, which are in practice. Further identified the industries where this practice is most common. Further, we discussed the concerned implemented laws and recommend suggestions for amendments in current laws. This study has a positive outcome in the sense that the study remained successful in identifying the deception practices and acts but unfortunately, the evil is present in every profession of life with an alarming number. Even if you may face issues when you buy a lifesaving drug or buy food, we detect this curse on every level or in every field of life. This should be taken up seriously by the Government, as it is not only hurting the economy of the country but also damaging the life cycle of human beings. This has a long-lasting impact on the economic cycle of Pakistan and directly affects the GDP of the country. The economy can grow only when the country becomes independent in its industrial needs and this factor is directly relevant to the growth of industry.
Regulatory reforms for enhancing transparency in merger and acquisition transactions
(UMT Lahore, 2024-02-12) Mehreen Siyyab Abbasi
This research conducts an in-depth analysis of Pakistan's existing legal and regulatory frameworks governing mergers and acquisitions (hereinafter use as M&A) transactions, which constitute a significant portion of the research. This involves scrutinizing current provisions, regulatory bodies, and transparency-related mechanisms to comprehend the intricacies and challenges within the Pakistani context. This research will analyze the experiences of the United Kingdom (hereinafter used as the UK) and the regulatory reforms implemented in the UK, with the aim of enhancing transparency in M&A transactions. This research also examines what legal reforms can be proposed to enhance the transparency of M&A transactions in Pakistan. It critically analyzes the effectiveness of UK reforms, identifies key lessons learned, and assesses their adaptability within the unique cultural and economic context of Pakistan. This dissertation has adopted a qualitative research design, focusing on a content analysis approach, to comprehensively elucidate the intricacies of M&A regulations. The comparative method is utilized to systematically analyze and contrast legal frameworks governing M&A in the UK with Pakistan's regulatory landscape.
Wages inequality in Pakistan caused by multinational enterprises (MNE’s) and legal prospects
(UMT Lahore, 2024-02-12) Muhammad Jamil
The present study, therefore, seeks to establish the dynamics of wage inequality in Pakistan with a focus on MNEs and the legal framework. Wage differentials have become a hot issue in the labor market of Pakistan particularly when MNEs are considered to be the main culprits in fixing wages through recruitment. The study examines the economic impact of MNEs on the domestic labor market to determine their effect on variations in wages across different sectors and classes of workers. In addition, this study also states the legal requirements that have been set in order to avoid the violation of employment practices and the protection of the workers' rights. Through an evaluation of the current labor laws and the gaps in the enforcement of such laws, the exploration seeks to identify the causes of wage differentials to offer a comprehensive analysis of the issue. Research also provides some policy and legal recommendations that can help reduce wage differentials and improve the working conditions of workers to foster a more balanced development of the economy of Pakistan.
Comparative study of child custody under Islamic law & Pakistani law
(UMT Lahore, 2024-04-22) Mirza Muhammad Ahmed Baig
The current laws, as well as the teachings of Islam regarding the right of custody, are discussed in this research. It is a complete comparative analysis of Islamic law and the current Pakistani laws regarding the custody of child or children. Most of the laws of Pakistan are derived from Islamic law since Pakistan is an Islamic state with the majority of Muslims. But unfortunately, due to British rule, Pakistan adopted the legal system that British India had left behind and now its just a mixture of common and Islamic law. Custody is a child's right from birth. In terms of the minor, Islamic law issues guidelines Islamic law issues guidelines for custody. Custody goes to the mother under Islamic law unless she is excluded and then to her relatives. The laws of child custody in Islamic law are debated and examined in this article, arguing that most of these laws are not divine. It's a product of Ijtihad. A large proportion of these laws are presumptions that can be rebutted in a given situation. After the divorce between parents, custody of the child is the biggest problem affecting the well-being of the children. However, Pakistan lacks detailed legislation on issues related to child custody. A few regulations on custody are given by the Guardians and Wards Act 1890, and the remainder is left to the discretion of the courts, which sometimes results in conflicting decisions. Owing to the lack of detailed rules in the statutes, in order to find rules in custody, litigants must turn to case law.
Exploring mediation as a mode of resolving cross-border commercial disputes in the digital economy era
(UMT Lahore, 2024-04-23) Bushra Abdul Majeed
In the modern digital economy era, international commercial disputes have become increasingly complex, necessitating innovative and better approaches for solutions. This research work investigates the efficacy of mediation as a mode of effectively resolving cross border disputes, considering the unique challenges and opportunities presented by the modern digital economic system. Drawing on both theoretical frameworks and empirical data, the research examines the role of mediation in facilitating efficient and equitable resolutions while addressing issues such as jurisdictional ambiguity, cultural differences, and technological complexities. The study identifies key challenges facing mediation in cross-border contexts, including the need for internationally standardized processes, the role of technology in facilitating mediation, and the importance of cross-cultural competency among mediators. Additionally, the research explores opportunities for enhancing the effectiveness of mediation in cross-border commercial disputes, such as the development of online mediation platforms, the promotion of intercultural training for mediators, and the establishment of international mediation standards. By critically analyzing the intersection of mediation and the digital economy, this thesis contributes to a deeper understanding of the potential of mediation as a tool for resolving cross-border commercial disputes in the contemporary global marketplace.

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