A peek behind the Curtain at PIDW: Revealing the voices for 2024

PIDW is world-recognized as an international symbol for ‘reviewing, reflecting, and reviving’ the global dispute terrain

Pakistan has once again meticulously taken over the center-global stage to host the prestigious Pakistan International Disputes Weekend (PIDW), Asia’s premier legal and industrial convention. All set to draw the drapes on the 11th and 12th of May 2024 at Pearl Continental, Karachi, PIDW transcends the conventional boundaries of a ‘legal event’. Rather, PIDW is world-recognized as an international symbol for ‘reviewing, reflecting, and reviving’ the global dispute terrain. 

The forum builds on its legacy to promote the cultivation of meaningful industry connections through networking, facilitating individuals and organizations for ‘business matchmaking’, i.e. helping explore transnational business opportunities and ensuring that attendees remain abreast of global best practices through knowledge exchange by specialized panel discussions. 

As the second edition of the event lingers right around the corner, the PIDW’24 Board recently released the Event Program for the upcoming edition. The Program reveals its hosts and co-hosts for the year 2024, which include MK Consultus LLP and TCC ADR Centre as hosts and the High Court of Sindh, the Chartered Institute of Arbitrators, and the Pakistan Engineering Council as co-hosts. The tri-pronged support from these three prominent organizations is a testament to the event’s stature in the global community. The Event Program further features a stellar roster of speakers, each a luminary in their respective fields and jurisdictions. They come together with a shared mission: to enrich PIDW’24 audience with their vast reservoir of acumen and expertise. It would be prudent to dissect the recently published event schedule available on the following link – Event Schedule PIDW’24 - to appreciate the discussion pending at this international forum.  

The two-day event kicks off with a house-opening speech, delivered by the Chair of PIDW. Mapping the trajectory of the event and after laying down house rules, Day One of PIDW’24 proceeds as follows:

The first panel of the day ‘China Pakistan Economic Corridor (CPEC) - Constructing the future, one resolution a day’, is crafted to address the critical and complex issues surrounding the $100 billion mega-infrastructure CPEC projects. Guided under the insights of a construction dispute resolution specialist from the United Kingdom, Ms. Virginie Colauita, the panel contributed by luminaries of the construction field, such as Zubair Ajaz CEO of Astral Constructors, Faisal Daudpota of Daudpota International, Haider Waheed from HWP Law, Charles Brown a renowned figure from the adjudication circle in the United Kingdom and the Honorable Mr. Justice Shakeel Ahmad from the Peshawar High Court. This panel addresses the challenges faced by Pakistani sub-contractors in international projects like CPEC, understanding the role of Pakistani practitioners in such projects, and navigating contracts under the FIDIC Silver Book and Red Book, while emphasizing the use of Multi-Tier ADR Clauses and Dispute Boards. The ultimate goal is to strengthen Pakistan's support network and promote proactive dispute resolution, contributing to the successful implementation of CPEC projects.

PIDW is Asia’s premier legal and industrial event for ‘reviewing, reflecting and reviving’ the global disputes terrain. The experts on our panel discussions have come together with a shared mission: to enrich PIDW’s audience with their vast reservoir of acumen and expertise.

The second panel of the day ‘Resolving Disputes Involving State and State Entities under ICC Arbitration: Fairness, Efficiency and Transparency’ is a panel undertaken by the International Chambers of Commerce (ICC), designed to address a critical aspect of international arbitration involving state and state entities. Moderated by Dr. Zhang Anran, Deputy Director ICC ADR and Arbitration North Asia, Barrister Mian Sheraz Javaid of No5 Barristers Chambers United Kingdom, Ahmer Bilal Soofi of the leading law firm ABS & Co, Yuhong WU as Managing Partner Deheng Law Firm and Barrister Mehnaz Malik of Twenty Essex Chambers United Kingdom. Expert international practitioners repping this panel address the unique challenges of disputes involving state and state entities, contributing to the broader conversation on fairness, efficiency, and transparency in international arbitration. This panel is particularly relevant for legal practitioners, arbitrators, and entities involved in state-related projects, especially the China Pakistan Economic Corridor projects. 

This discussion is followed by an interesting segment called ‘Innovation Showcase’, a unique feature of PIDW’24 where recent developments in Pakistan’s legal landscape are highlighted. Under the first Innovation showcase, the Chartered Institute of Arbitrators Pakistan Branch will be delivering a presentation on the New Arbitration Act 2024 as one of the initial promoters of the Act. 

Following this segment, the third-panel discussion ‘Mediation is the new black’ takes the stage. Moderated by Senior Partner at Merchant Law Associates, Navin Merchant, Nudrat Paracha, Founder ICADRP, Shahan Karimi of Haidermota & Co., Omer Memon from Mohsin Tayyebaly, Haya Zahid from the Legal Aid Society, the Honourable Mr. Justice Jawad Hassan of the Lahore High Court and Honorable Mr. Justice Muhammad Junaid Ghaffar from the High Court of Sindh. This panel discussion is poised to evaluate the mediation landscape in Pakistan, especially considering the recent stream of judgements handed down by different judges in Pakistan to promote the mediation’s scope in the country. By dialogue on past developments and future strategies, the panel aims to enhance the effectiveness of mediation in Pakistan, potentially leading to legislative initiatives for mediation and improvements for integration of mediation in Pakistan's legal ecosystem, in line with global best practices. 

The third panel is followed by an Innovation Showcase on the Court Annexed Mediation Center by Sindh High Court and the proposed Sindh ADR Act 2024.

The fourth and fifth panels of the day are indicative of one of PIDW’s unique features: the momentous gathering of all seven High Courts of Pakistan on a singular platform. The fourth panel, ‘The Pillars of Prosperity: Unveiling the Judiciary’s Role in Economic Growth and Development’ is navigated by the Honorable Mr. Justice (Retd.) Shahid Jamil Khan, Retired Judge from the Lahore High Court, and boasts esteemed judiciary from different jurisdictions through Honorable Mr. Justice Miangul Hassan Aurengzeb from the Islamabad High Court, Honorable Mr. Justice Arshad Ali of the Peshawar High Court, Honorable Chief Justice Gilgit Baltistan Chief Court Mr. Justice Ali Baig and the Honorable Mr. Justice Adnan Iqbal Chaudhry from the High Court of Sindh. Partitioned by the innovative showcase on exploring ADR in criminal justice system presented by the Honorable Mr. Justice Arbab Muhammad Tahir from the Islamabad High Court, the day quickly transitions to the fifth panel, ‘Clearing the Courtroom Clutter’. This panel discussion is steered by the Honorable Mr. Justice (Retd.) Mushir Alam, retired Supreme Court Judge, and contributed by the insights from Honorable Mr. Justice Shafi Siddiqi, Senior Puisne Judge of the High Court of Sindh, Honorable Mr. Justice S.M Attique Shah of the Peshawar High Court, Honorable Mr. Justice Arbab Muhammad Tahir of the Islamabad High Court, Honorable Mr. Justice Muhammad Ejaz Swati from the Balochistan High Court, and the Honorable Mr. Justice Syed Shahid Bahar from the AJK High Court. 

This diverse representation of the judiciary not only brings a wealth of perspectives to the table but also underscores the importance of inclusive dialogue in shaping the judiciary’s role in economic growth and development. It sends a strong message about the judiciary’s commitment to fostering an environment that encourages investor confidence, enforces the rule of law for economic stability, and promotes judicial reforms for economic development and clearing the case docket. This inclusivity represented at PIDW is a testament to the judiciary’s commitment to collective progress and prosperity, transcending jurisdictional divides.

A historic element to PIDW’24, the Pakistan Engineering Council is set to launch their ADR Centre – the PEC ADR Centre. This ADR Centre marks the fusion of engineering, construction and law, opening a portal towards the effective resolution of construction disputes in Pakistan. 

Day One of PIDW culminates into a presentation on Singapore Mediation Convention, presented by Raja Naeem Akbar, Federal Secretary, Ministry of Law & Justice and concludes with a closing speech by the Honorable Chief Justice Mr. Justice Aqeel Ahmed Abbasi of the High Court of Sindh and a keynote by the Honorable Mr. Justice (Retd) Tassaduq Hussain Jillani, former Chief Justice of Pakistan. 

Day Two of PIDW’24 kicks off with a recap of the past day, delivered by the Chair of PIDW. The co-hosts of the event, the High Court of Sindh through the Honorable Mr. Justice Shafi Siddiqi and the Pakistan Engineering Council through Lt. Gen Kashif Nazir, Engineer-in-Chief will be delivering the opening speeches to commentate the second day of the event. 

Highlighting the growing altitude of construction dispute resolution in Pakistan and the expansion of internationally acclaimed dispute resolution entities, the first innovation showcase of the day features the launch of Dispute Resolution Board Foundation and the Society for Construction Law in Pakistan. This is followed by the launch of Pakistan Construction Disputes Report (PCDR) 2024. The PCDR is a comprehensive data-set report encapsulating the recurring themes behind construction disputes.

The first panel of the day, ‘Avoidance precedes resolution: Entering an era of dispute avoidance’ is moderated by Mr. Arran Dowling Hussey, Barrister at 4-5 Gray’s Inn Square Chambers. The speakers for this panel boast the rich legal ecosystem in Pakistan. The speakers include Ijaz Ahmed from Ijaz Ahmed & Associates, Mr. Shahab Sarki from Nuruddin Sarki & Co, Mr. Salman Iqbal Bawaney from Bawaney & Partners, Mr. Ghulam Abbass Chopa, Registrar Gilgit Baltistan Chief Court. The arc of dispute avoidance falls in line with the emerging global trends leaning towards dispute avoidance as opposed to dispute resolution, through mechanisms such as Dispute Avoidance and Adjudication Boards (DAABs). The first panel is followed by an innovation showcase focused on the recently popularizing domain of ADR in the domain of taxation. 

The second panel of the day ‘Power Play: The Dynamics of International Energy, Power & Gas Disputes’ is Moderated by the Ms. Leonora Riesenburg of 4 - 5 Gray's Inn Square, Mr. Muhammad Sheikh Ali, Managing Partner for Rasikh Conselium, Mr. Ayan Memon Partner at Abid S Zuberi and Ayan M Memon Law Associates, Mr. Qasim Wadud Partner at Legal Oracles, Mr. Shahid Ali Khan, Legal Consultant at the Asian Development for Bank Trade & Supply Chain projects and Honorable Mr. Justice Zulfiqar Ahmad Khan from the High Court of Sindh. Power disputes have been a focus of contention in Pakistan recently, where international power purchasing companies face heavy losses in international dispute resolution forums such as the London International Court for International Arbitration. The discourse on this panel aims to foreshadow possible solutions for Pakistan’s IPPs, paving the path for saving hefty sums of costs associated with such losses. 

The third panel ‘Charting the Course: Addressing Stakeholder Challenges in Pakistan's Vital Industries’ is moderated by Mr. Noor ul Aqtab Siddiqi, Director Tower Bridge Legal London, Mr. Muhammad Najeeb Haroon Chairman of Pakistan Engineering Council, Ms. Maria Rafique, Chief Legal Officer, National Transmission and Despatch Company, Brig (R) Abdul Waheed Khan Executive Director, Ravi Urban Development Authority (RUDA), Rashid Mureed Partner, Cepal & Co, and Honorable Mr. Justice Asim Hafeez from the Lahore High Court. The collective wisdom of these individuals provides a comprehensive perspective on the challenges and opportunities facing Pakistan’s industries. The impact of such a discussion is multifold. Firstly, it brings to light the pressing issues that these industries face, from regulatory hurdles to infrastructural challenges. Secondly, by openly discussing these problems, the panel aims to foster a dialogue that could lead to actionable solutions for Pakistan’s industry sectors, thereby contributing to their development. 

The fourth panel ‘The ADR Confluence: Steering the Future of Dispute Resolution in Asia MENA’ is preceded by an innovation showcase regarding ‘Asia MENA ADR Cooperative Group (AMACG)’, briefing on the launch of this newly formed formal collaborative working group, spearheaded by the Chartered Institute of Arbitrators. The fourth panel, moderated by Barrister Mian Sheraz Javaid, Chair TCC ADR Centre, Ms. Ayşe Tuğba Özkarslıgil of the Energy Dispute Resolution Centre, Mr. Umar Azmeh from the Qatar International Court and Dispute Resolution Centre, Mr. Khurram Khan, an independent international arbitration counsel, Mr. Robert Swilnsky, Chair of the Chartered Institute of Arbitrators (Ciarb) UAE Branch, and Saad Hegazy from Resolve International. The diverse jurisdictional background of the speakers allows the cross-jurisdictional exchange of ideas and experiences that can lead to a more comprehensive understanding of this group’s workings. Further, this discussion promotes the working of AMACG across jurisdictions and significantly contributes to creating business opportunities for ADR centers. By fostering cross-border collaboration, AMACG helps ADR centers expand their reach beyond their local jurisdictions, offering their services to a broader clientele, and thereby increasing their business prospects.

The fifth panel, ‘Resolution to Revenue: How ADR Shapes Foreign Direct Investment’ is moderated by Duncan Bagshaw from Howard Kennedy, Shahbakht Pirzada from RIAA Barker Gillette, Kevin Nash from the Singapore International Arbitration Centre, Ishrat Husain, Ex-Governor of State Bank of Pakistan, Hasan Mandviwalla from Mandviwalla & Zafar, and Honorable Mr. Justice Yousuf Ali Sayeed from the High Court of Sindh. The topic dissects the interplay of ADR and FDI along their collective effect on Pakistan’s economic growth. The panelists repping this panel are renowned economists and legal practitioners with a niche in investment disputes: their fusion represents a powerful synergy between legal frameworks and economic policies. The discussion focuses on ensuring a fair and efficient mechanism for dispute resolution but also creating a favorable investment climate.  This, in turn, can attract more FDI, which is a critical driver of economic growth.

The panel is followed by an innovation showcase that celebrates the second anniversary of the Ciarb Pakistan Branch and reflects on the Branch’s journey in the past two years. Finally, the last showcase of PIDW’24 discusses the Role and Support of the Bar Councils and associations from across Pakistan for PIDW.

The above schedule concludes the two-day congregation of the global best practitioners engaging in rich discourse on pressing topics underlining the current legal and industrial debate. The speakers at PIDW’24 are a testament to the shared vision of the various individuals uniting for one cause: refining best practices through exchange of knowledge and acumen. We look forward to sharing the expertise curated at PIDW’24 on the 11th and 12th of May 2024 with our audience.

The author is Mian Sheraz Javaid, a distinguished Barrister at No.5 Barristers Chambers and Founding Chair of the Chartered Institute of Arbitrators Pakistan Branch. Specializing in energy law, he serves globally as an Arbitrator, Mediator, Adjudicator, Neutral Evaluator, and Dispute Board Member. Sheraz can be contacted via email at msj@no5.com or reached on his LinkedIn under the name of ‘Mian Sheraz Javaid’.

ePaper - Nawaiwaqt