Arbitration: An Effective Way to Reduce the Burden On Civil Courts of Pakistan

Abstract

In this research, arbitration has been explored as a viable remedy to lighten the burden of Pakistan's civil courts, which are already overburdened with an arrears list of over 2.22 million cases as of June 2024 according to the law and justice commission of Pakistan (Bi-Annual Report of Judicial Statistics,2024). Backlog has delayed justice and has undermined the public confidence in the justice system, particularly in the case of vulnerable groups like women and poor persons. This study takes a look at the historical growth of Arbitration, by critically analysing the Arbitration Act of 1940 and its flaws(Arbitration Act,1940). Despite the glaring benefits of Arbitration, low expenses, faster resolution of disputes, and confidentiality, the application of Arbitration in Pakistan continues to be hampered by aged legal instructions, deficiency in enforcement, and low sensitivity. Through comparative analysis of global models, i.e., the UK Arbitration Act 1996(Arbitration Act 1996), the study develops areas to be reformed. It highlights how the new Arbitration system would not only reduce court loads but also make justice accessible, especially to marginalized communities. The study makes conclusions with actionable recommendations to redesign Pakistan's ADR system to the point where it can provide services to the masses and restore citizens' trust in the judiciary.