What Does it Mean to Be Pro-Arbitration – An Examination of Pakistani Judiciary’s Approach - Chapter 90 - Pro-Arbitration Revisited: A Tribute to Professor George Bermann from his Students Over the Years
Although the term “pro-arbitration” is generally understood to refer to an attitude, policy or decision that furthers the cause of arbitration, it could mean different things in different jurisdictions. The wide range of meanings and the multiplicity of definitions of this term have been comprehensively discussed by Professor George Bermann in his article titled “What Does it Mean to Be ‘Pro-arbitration’?” published in Columbia Law School’s Scholarship Archive.
The meaning of the term “pro-arbitration” is partly shaped by the experience a stakeholder has had in arbitration in a particular jurisdiction. For instance, parties to arbitration proceedings in Pakistan usually raise concerns about the courts’ undue intervention and arbitration counsel here take issue with the delay in the courts’ decisions on challenges to arbitration agreements and enforcement of arbitral awards.