Islamabad High Court Upholds Arbitration Clause in Power of Attorney: Significant Ruling on Section 34 of the Arbitration Act
We are proud to announce a recent victory by our firm in a critical arbitration matter under Section 34 of the Arbitration Act, heard before the Islamabad High Court. The court ruled that an arbitration clause, even if included solely within a Special Power of Attorney and not explicitly in the agreement to sell, is sufficient to bind the parties involved. This ruling reinforces the importance of honoring arbitration agreements and highlights the court's pro-ADR stance.
In its judgment, the Islamabad High Court emphasized that 'Section 34 of the Act has been enacted to make arbitration agreements effective and prevent a party from going to the Court contrary to his/its own agreement.' The court further affirmed that the cancellation of the Power of Attorney after the arbitration proceedings had concluded does not affect the binding nature of the arbitration, underscoring the sanctity of contractual commitments.
Additionally, the court noted that 'the powers vested in the court to grant stay under Section 34 of the Act are entirely a matter of discretion of the court,' underscoring the growing judicial preference for arbitration over traditional litigation.
This decision not only strengthens our client’s position but also reflects the judiciary's evolving pro-arbitration bias, affirming arbitration as a primary method of dispute resolution in Pakistan
Barrister Talha Ilyas Sheikh Addresses High Court Lawyers on Legal Research and Technology
Barrister Talha Ilyas Sheikh recently had the honor of addressing lawyers at the High Court as part of a lecture series conducted by the Mirza Anwar Baig Lawyers’ Academy. His lecture focused on the essential skill set of legal research and the integration of technology in the legal field.
The key learning outcomes from this session included:
1. A comprehensive understanding of legal research, its techniques, and primary sources.
2. Effective methods for conducting research using both printed materials and online resources.
3. Proper citation of case law, with a clear distinction between headnotes and the body of judgments, along with an in-depth analysis of the parts of a judgment.
4. The integration of legal research with modern technology to enhance efficiency and accuracy in legal practice.
This lecture underscores Barrister Talha Ilyas Sheikh’s commitment to advancing the skills of legal professionals and highlights the growing importance of blending traditional legal research with cutting-edge technology.
Lahore High Court Clarifies 'Sufficient Cause' Under Section 20 of The Arbitration Act, 1940
We are thrilled to share the recent success of our Founding Partner, Muhammad Ilyas Sheikh, who represented our client in an arbitration matter before the Lahore High Court, Rawalpindi Bench. The judgment by Hon'ble Mr. Justice Mirza Viqas Rauf reaffirms our commitment to providing exceptional legal representation and upholding the principles of justice.
In this complex case, the court addressed a critical interpretation of 'sufficient cause' under Section 20 of The Arbitration Act, 1940, likening it to the grounds for rejection of plaint under Order VII, Rule 11(a) of the C.P.C. This development highlights the conditions under which a court may decline to refer a matter to arbitration, emphasizing the need for extraordinary circumstances.
This victory underscores our firm's expertise in arbitration and contractual disputes. Congratulations to our entire team for their dedication and hard work!
Talha Part Of The Organizing Committee of the Pakistan International Disputes Weekend (PIDW).
We are proud to announce that our Partner, Barrister Talha Ilyas Sheikh, played a key role in the organizing committee of the Pakistan International Disputes Weekend (PIDW), held on May 11th and 12th at Pearl Continental, Karachi. This year’s PIDW was a landmark success, setting a new benchmark as the largest and most impactful dispute resolution event in Pakistan, further solidifying its status as a premier international platform for ADR (Alternative Dispute Resolution).
Through PIDW, an international ecosystem has been established, bringing together Judges, Industry Experts, Lawyers, Regulatory Bodies, Academia, and other stakeholders from across the globe. This mega event provided a platform for collaboration, idea exchange, and growth in the field of dispute resolution, with a particular focus on the latest trends, challenges, and innovations in mediation and arbitration.
Barrister Talha’s leadership and dedication were instrumental in making the event more dynamic and influential than ever before. By uniting a diverse group of professionals and stakeholders, PIDW has successfully advanced the discourse on dispute resolution and significantly enhanced the visibility and adoption of ADR practices in Pakistan and beyond.
This achievement is a testament to our firm’s commitment to excellence and our continuous efforts to position Pakistan as a global leader in dispute resolution. We look forward to building on this momentum and fostering an environment where legal professionals and stakeholders can shape the future of dispute resolution together.