Pakistan Mediation Bill (Dr Arif Alvi)

7/24/2019 Pakistan Mediation Bill (Dr Arif Alvi)

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A

BILL

Further to amend the Code of Civil Procedure, 1908

WHEREAS it is expedient further to amend the Code of Civil Procedure, 190

!Act " of 190#, for the purpose hereinafter appearin$%

1# Short title and commencement%& !1# 'his Act ma( )e called the Code of Civil

Procedure !Amendment# Act, *01+%

!1# t extends to the -hole of Pa.istan/

!*# t shall come into force at once/

*# Substitution of section 89-A, Act V of 1908 n the Code of Civil Procedure, 190!Act " of 190#, for section 9&A, the follo-in$ shall )e su)stituted namel(%&

89-A, Alternative is!ute "esolution%&

!1# ot-ithstandin$ an( other la-s in force, -here it appears to the court

havin$ re$ard to the facts and circumstances of the case that the dispute isfit to )e settled throu$h an( process of alternative dispute resolution

includin$ ar)itration, mediation or conciliation, the court shall in all cases

of civil or commercial nature at an( sta$e of the case re2uire the parties,upon application )( an( of the parties to the suit or on its o-n motion, to

have resort to one of the alternative dispute resolution methods, such as

ar)itration, mediation or conciliation and -hile passin$ decree in

accordance -ith such a-ard or recommendations of the ar)itrator,mediator or conciliator ma( impose costs on a part( -ho is found to have

a false or )aseless claim or defense/ 'he costs ma( extend to five million

rupees havin$ re$ard to the facts and circumstances of the case/

!*# ot-ithstandin$ an(thin$ contained in the su)&section !1#, the parties ma(

resort to ar)itration, mediation or conciliation )efore the le$al proceedin$sare commenced in a court and in that case the parties or either of them

ma( appl( to the court for resolution of their dispute throu$h ar)itration,

mediation or conciliation/ f either of the parties applies to the court for

resolution of their dispute throu$h ar)itration, mediation or conciliationthe court shall serve notice on the other part( or parties and if )oth or all

of them a$ree on resolution of their dispute throu$h ar)itration, mediation

or conciliation the court ma( refer the matter to an ar)itrator, mediator or

conciliator as provided in su)&section !3# and upon such reference otherprovisions of this section shall mutatis mutandisappl(/ All or an( costs of

ar)itration, mediation or conciliation shall )e )orne )e parties asdetermined )( the ar)itrator, mediator or conciliator/

Provided that reference to mediation or conciliation shall be mandatory in

the matters specified in the Fourth Schedule annexed to this code:


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Provided further that the overnment may at any time amend the Fourth

Schedule by addin! or modifyin! any entry therein or omittin! any entrythere from"

Provided further that provisions of this section shall also apply to civilmatters under the Small Claims and #inor $ffences Courts $rdinance,

%00%"

!3# 'he court ma( refer the matter for ar)itrator, mediation or conciliation to aprofessionall( trained ar)itrator4mediator4conciliator or to an approved

alternate dispute resolution centre -here a mediator shall )e appointed for

mediation/ 5or the purposes of the section, the Hi$h Court shall prepare apanel of dul( 2ualified ar)itrators4conciliators4mediators !to )e updated

from time to time# consistin$ of persons .no-n to )e trained in dispute

resolution from a reputa)le Alternative 6ispute Resolution Centre or'rainin$ nstitute, and such other persons, or as ma( )e deemed

appropriate for the purpose, and shall inform all the civil courts under its

administrative 7urisdiction a)out the panel/ 8pon referrin$ the matter, thecourt shall direct the parties to appear )efore the ar)itrator, mediator or the

conciliator on the date and time fixed )( the court under intimation to themediator or the conciliator for conclusion of the proceedin$s )efore -ithin

a time dul( fixed )( the court -hile issuin$ its directions therefor/

!+# 'he parties to the dispute shall ta.e part in the ar)itration, mediation or

conciliation proceedin$s in person or throu$h an authoried representative,full( empo-ered in -ritin$ dul( attested )( the :ath Commissioner, to

settle the matter/

!;# An ar)itrator shall follo- the Ar)itration Act, 19+0 !as amended or

su)stituted from time to time# as closel( as possi)le/ A mediator or a

conciliator to -hom a matter is referred for mediation or conciliationunder this section shall act as a facilitator and -ithout imposin$ decisions

on the part( tr( to resolve the dispute -ithin a period of sixt( da(s,

extenda)le )( the court for sufficient cause for a period of thirt( da(s and

durin$ this period the court proceedin$s shall remain sta(ed/

!


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!# When the court itself mediates it shall ma.e a report and pass order in a

manner similar to that as stated in su)&section !=#/

!9# f the efforts of mediator or the conciliator, fail in )rin$in$ a)out a

settlement )et-een the parties, the mediator or the conciliator shall su)mita report certif(in$ that the parities have not reached an( settlement and the

court shall proceed -ith the case -ithout compromisin$ confidentialit( of

the process and facts havin$ )ecome .no-n in mediation or conciliation

need not to )e shared or relied on in court proceedin$s/

!10# Save as other-ise provided in this section, the proceedin$s )efore the

mediator or the conciliator shall not )e admissi)le )efore an( court and themediator or the conciliator shall not )e re2uired to appear as a -itness or

other-ise in an( ar)itral or 7udicial proceedin$s -ith respect to a dispute

that it is or -as the su)7ect matter of a mediation or conciliation/ 'hemediator or the conciliator shall also not act as an ar)itrator or as a

representative or counsel of a part( in an( ar)itral or 7udicial proceedin$s

-ith respect to a dispute that is or -as the su)7ect matter of a mediation orconciliation )efore him/ >ediator or conciliator shall disclose an( facts

that ma( $ive rise to an( dou)ts as to his or her impartialit( orindependence )efore or durin$ mediation or conciliation process/

!10# Save as other-ise provided in this section or the rules made thereunder,

this Code and the ?anun&e&Shahadat, 19+ !P/:/ o/ 10 of 19+# shall not

appl( to the proceedin$s )efore the mediator or the conciliator/

!11# o appeal or revision shall lie from a decree or order made as a result of

the settlement arrived at -ith the consent of the parties/

!1*# othin$ herein contained shall de)ar a court to ma.e a decree in terms of

settlement arrived at )( the parties privatel( throu$h mediation orconciliation/

!13# 'he @overnment ma(, )( notification in the official @aette, ma.e rules for

carr(in$ out the purposes of this section/

#$%"&' S(')%L)

*See Section 89A +1

1. A dispute )et-een a landlord and tenant/

/. Pre&emption cases/. Civil matters under the Small Claims and >inor :ffences Courts :rdinance,

*00*/. Commercial dispute includin$ )ut not limited to an( claim, ri$ht or interest

arisin$ out of trade and commerce and relatin$ to%

i. :rdinar( transactions of merchants and traders such as those relatin$ toenforcement and interpretation of mercantile documents, export or import

of merchandise%ii. Business documents or contracts/


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iii. An a$reement of sale of land )( housin$ societies and private developersiv. An( sale of $oods as defined under the Sale of @oods Act 1930v. 'he carria$e of $oodsvi. Business a$enc(, franchisin$, distri)ution and licensin$ a$reementvii. >aintenance and consultanc( a$reementviii. >ercantile a$enc( and usa$e

i2. Partnership a$reements and related matters/2. 'echnolo$( development in soft-are, hard-are, net-or.s, -e)site and

2i. Construction contracts/2ii. An( other matter as ma( )e determined )( the @overnment throu$h a

notification from time to time/

Pakistan Mediation Bill (Dr Arif Alvi)

Documents

Transcript of Pakistan Mediation Bill (Dr Arif Alvi)