ISLAMABAD - Participants of the 8th judicial conference on Saturday called for a regional, economic integration and an effective dispute resolution mechanism in the context of the China-Pakistan Economic Corridor
The conference also urged for an alternative dispute resolution methodologies and deterring factors, combating extremism and revamping criminal justice system for political and economic stability.
With considerable recommendations named as “Islamabad Declaration 2018”, the two-day 8th judicial conference concluded here at Federal Judicial Academy.
The inaugural and the concluding sessions of the conference were presided over by Chief Justice Mian Saqib Nisar, who is also Chairman Law and Justice Commission of Pakistan.
National and international researchers, members of academia, judges, lawyers and professional experts deliberated upon the thematic groups of the conference.
The recommendations of thematic groups were presented in the concluding session and the same were approved.
Regarding the CPEC, the conference resolved for the introduction of multi-modal transport law and infrastructure in the region to increase the significance of Pakistan’s position as a transit state in the trade between Central Asian republics specifically, the modernization of the law on the carriage of goods by sea.
It further recommended for the establishment of a multi-tier regional arbitration centre to resolve any disputes that may arise wherein the first tier can be the appointment of dispute resolution advisers to avoid disputes, the second tier for constituting a dispute review board and the third tier would involve the appointment of a dispute adjudication board.
“Amendment of Article 8 of the Agreement between Government of Peoples Republic of China and Government of Islamic Republic of Pakistan for the avoidance of double taxation and prevention of fiscal evasion with respect to tax on income to make the distribution of tax revenues between both countries more equitable and to explicitly allocate the fiscal rights of both signatories to the agreement,” the recommendations said.
“Higher environmental standards to be applied to all CPEC projects which based on a harmonized set of policies agreed between the two countries. There should also be cooperation and exchange of skills between all provincial environmental protection agencies.”
The Ministry of Planning, Development and Reform was also urged to make their documents and agreements regarding CPEC more accessible to the public at large.
Regarding the alternative dispute resolution (ADR) methodologies and deterring factors, the participants concluded that ADR is a more effective and efficacious mode of dispute resolution as compared to regular litigation.
“Time-honored international models can be easily adopted and adapted but with emphasis on mediation rather than arbitration which may then be translated into court decrees through appropriate proceedings and legislation if necessary. In this regard, special emphasis needs to be placed on international co-operation and human resource development in Pakistan.”
“In pending litigation, effective selection of disputes amenable to mediation and ADR is necessary. Judges need to be specially trained for this purpose because court-annexed mediation has been found to be the most effective way,” the recommendations said.
To combat extremism, it is recommended that Anti-Terrorism Act should be enforced, terrorists and terrorist organizations must be proscribed without delay and they must not be permitted to hold meetings or propagate their views, must not be allowed to contest elections and those claiming to be members of proscribed organizations be prosecuted in accordance with Anti-Terrorism Act.
“To counter extremist ideology a counter-terrorism narrative must be developed and disseminated. Those under trial for terrorist acts or convicted for them must be weaned away from the extremist ideology espoused by them.”
It is also recommended that standard operating procedures should be developed with the help of experts as to how law enforcement agencies should act/react after a terrorist attack. The law (Juvenile Justice System Act 2018) with regard to the detention of juveniles and their rehabilitation be implemented.
“The Probation of Offenders Ordinance, 1960, which is applicable to offenders convicted and sentenced to less than three years imprisonment, should be applied for rehabilitation purposes and keeping prison population low. Avenues should also be explored for supervised community services.”
Regarding strategy for delay reduction and expeditious disposal of the backlog of cases, it is resolved that a 3 tier system should be introduced, having a trial, appeal and constitutional stages, where purely legal issues would be adjudicated and questions of facts will be finalized at the 2nd tier.
“The ADR should be made a compulsory part of the dispute resolution process and should be enforced through effective legislation and encouraged by the courts. It is also important for the parties to follow pre-action protocols/pre-trial procedures, by meeting beforehand in an attempt to settle their issues, before bringing their case to the court. As a whole, there is a need for an effective ADR programme to reduce the burden of litigation from courts.”
It is further recommended that unnecessary adjournments sought by counsel should be discouraged and only be allowed in exceptional circumstances.
It was recommended that a case management system be introduced in order to keep track of cases that as a consequence will help in reducing the backlog by the speedy disposition of cases.
“Judges must actively avail the powers granted to them under various laws to curb delays. For example, the maximum duration of stay orders, or the submission of documents within a given time period, must be strictly followed. Frivolous applications and appeals should be disposed at the earliest opportunity and strongly discouraged.”
It is further recommended that the number of courts and judicial staff should be increased in order for speedy disposition of cases further emphasizing that both the bar and the bench must work together in order to curb delays.
The participants agreed that the political instability undermines economic stability and therefore should be avoided while an unstable political environment reduces investment and the pace of economic development.
It is recommended that broad-based political consensus should develop the economic agenda to foster investment and economic growth.
SYED SABEEHUL HUSSNAIN