Mian Sheraz Javaid Speaks on Strengthening Dispute Resolution at Consultative Roundtable on CPEC and Investor Protection
Mian Sheraz Javaid, Chair of the International Chamber of Commerce (ICC) Task Force for CPEC Disputes and Chair of the Ciarb Pakistan Branch, recently participated in a high-level event, the 'Consultative Roundtable: A Holistic Assessment of Legislative Reform, Investor Protection, and Dispute Resolution'. The event was jointly organised by the Centre for Chinese Legal Studies at LUMS and the Institute of Regional and International Studies and was held at the Islamabad Marriott Hotel.
Discussing critical issues and problems surrounding the country's legislative reforms, investor protection, and prospects of dispute resolution mechanisms in the country, key stakeholders from the Pakistani legal, political, and business segments came together during the conference. Drawing from experience, Sheraz provided expert information on how the dispute resolution mechanisms may be strengthened further in Pakistan, specifically towards supporting dynamic investments like the CPEC.
In his address, Sheraz emphasized the need for Pakistan to urgently modernize its mechanisms of dispute resolution in light of the demands that are arising with large-scale investment projects like CPEC. He emphasized several key areas of focus which included developing special alternative dispute resolution frameworks, proactive risk management strategies, and stronger judicial support for arbitration processes. Sheraz said that a transparent and efficient dispute resolution environment is crucial to ensure investor confidence and the smooth execution of cross-border investments. He added that by having a more robust legal framework, Pakistan could better manage disputes arising from CPEC-related projects, thereby enhancing its attractiveness as a destination for global investments.
Throughout the conference, Sheraz participated in discussions that explored critical themes concerning the future of dispute resolution in Pakistan. A key topic was Pakistan’s accession to the Singapore Convention on Mediation. This treaty, which seeks to provide an international framework for the enforcement of mediated settlement agreements, has the potential to significantly enhance Pakistan’s ADR capabilities and streamline dispute resolution processes. Sheraz emphasised the importance of Pakistan’s timely ratification of the Singapore Convention to align with global best practices and to improve its position in international arbitration and mediation circles.
The conference also touched upon the requirement for a legal framework tailored to the diversified sectors that will be engaged in CPEC, such as telecommunications, energy, and infrastructure. Sheraz opined that the one-size-fits-all approach to dispute resolution would not be appropriate for such diverse projects. He advocated the setting up of sector-specific ADR mechanisms that address the challenges each industry may face, especially with international partners and complex contracts. Discussions also touched on the role of legal education institutions in bridging gaps in expertise, ensuring that the next generation of lawyers and practitioners are equipped to handle the intricacies of large-scale, cross-border investments.
Another key theme discussed at the conference was the increasingly popular practice of multi-tiered dispute resolution mechanisms (MDRM). Sheraz, who is a strong advocate for MDRM, explained how such mechanisms, which involve various stages of negotiation, mediation, and arbitration, can be effective in preventing and managing conflicts at every stage of a project’s execution. He stressed that adopting MDRM practices could help reduce the number of disputes that escalate to litigation, ensuring more efficient and cost-effective dispute resolution processes. This approach, he argued, would be particularly valuable for managing complex CPEC-related disputes, which often involve multiple stakeholders, including foreign investors, governmental bodies, and local communities.
The conference was further enhanced by keynote addresses from distinguished jurists, including the Honourable Justice Mr. Syed Mansoor Ali Shah, Senior Puisne Judge of the Supreme Court, who spoke on “Mediation & China,” and the Honourable Justice Mr. Jawad Hassan of the Lahore High Court, who addressed the “Importance of ADR for CPEC’s Legal Framework.” Both judges underscored the importance of ADR mechanisms in promoting a stable and predictable legal environment for foreign investment, particularly in the context of CPEC.
Apart from the thought-provoking discussions, Sheraz was very glad to see so many familiar faces and to get to know more new faces that attended the seminar. He enjoyed meeting former students from the 2022 Ciarb-accredited mediation training he facilitated in Islamabad. Sheraz said with pride, "These were our former students, now empaneled with Islamabad High Court as Pakistan's first neutrals, marking a major milestone in the country's ADR capacity building efforts." This has been a hallmark of success of the training endeavors of Ciarb Pakistan Branch in the last three years that would develop a strong pool of ADR practitioners who could cater to the country's growing needs for alternative dispute resolution.
In his concluding remarks, Sheraz congratulated the organisers of the roundtable—Sikander Shah, Minahil Toor, and Usama Bin Zafar—for their hard work in executing the event successfully. He acknowledged their efforts in promoting critical discourse on redefining Pakistan’s dispute resolution mechanisms, which are essential to fostering investment in the country. Sheraz also emphasised the importance of continued collaboration among legal professionals, policymakers, and investors to ensure that Pakistan’s dispute resolution systems remain agile and capable of addressing the challenges posed by large-scale projects like CPEC.
In summary, Sheraz's engagement in the Consultative Roundtable further underlines his commitment to developing the practice of dispute resolution in Pakistan, especially in the context of international investments. By sharing his expertise on such key issues as ADR frameworks, risk management, and the importance of a robust legal system, Sheraz continues to play a vital role in shaping the future of dispute resolution in the country. His understanding about the intricacies of disputes surrounding CPEC will be highly effective in improving legal infrastructure in Pakistan to make it even more attractive to foreign investors.
The conference served as an important platform for stakeholders to engage in meaningful dialogue about how to refine and enhance Pakistan’s legal framework to meet the demands of modern investment projects. Sheraz’s contributions to the discussions reflect his leadership in the field of dispute resolution and his ongoing efforts to support the growth of Pakistan’s legal ecosystem.
