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 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.

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!

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.

We are proud to announce a significant achievement by our Partner, Barrister Talha Ilyas Sheikh, who was recently appointed as a mediator by the Lahore High Court in a highly complex consumer court matter. This appointment reflects the trust and confidence the judiciary places in Barrister Talha's expertise in Alternative Dispute Resolution (ADR).

In this challenging case, Barrister Talha successfully facilitated mediation between the disputing parties, guiding them towards a mutually agreeable settlement. His ability to navigate the intricate legal issues and foster a collaborative environment was pivotal in reaching a resolution. The mediation process culminated in a settlement, which was formally recognized by the Lahore High Court, with the Court passing a judgment in terms of the mediation report prepared by Barrister Talha.

This outcome not only highlights the effectiveness of ADR in resolving disputes efficiently but also underscores our firm's unwavering commitment to promoting and integrating ADR practices within the legal framework. Barrister Talha’s success in this case is a testament to his exceptional skills as a mediator and his dedication to achieving just and equitable outcomes for all parties involved.

At SLA - Sheikh Law Associates, we continue to champion ADR as a vital tool in the legal process, offering clients a faster, more cost-effective alternative to traditional litigation. This recent success further solidifies our reputation as leaders in the field of mediation and reinforces our commitment to pioneering innovative solutions in the legal profession.

Barrister Talha Ilyas Sheikh recently assisted the Lahore High Court in a pivotal judgment on 'stepping into proceedings' under Section 34 of the Arbitration Act, 1940. The ruling, delivered by Hon'ble Justice Jawad Hassan, clarified that actions like seeking adjournments for filing written statements may indicate an intention to proceed with litigation, potentially barring a stay of proceedings for arbitration.

This decision reinforces the importance of adhering to arbitration agreements and limits judicial interference, aligning with the Supreme Court's guidance on supporting ADR. Barrister Talha's involvement highlights our firm's expertise in arbitration and commitment to promoting Alternative Dispute Resolution in Pakistan.

In a recent landmark judgment, the Lahore High Court has established significant principles regarding the issuance of show cause notices, providing clarity on jurisdictional errors, the role of constitutional jurisdiction under Article 199, and the importance of adhering to statutory forums.

Key takeaways from the judgment include:

A show cause notice is not considered an adverse order unless it is clearly demonstrated that it was issued by an authority lacking jurisdiction or for mala fide reasons.

Jurisdictional errors do not encompass every mistake; a wrong exercise of jurisdiction or misinterpretation of the law does not equate to a lack of jurisdiction.

Constitutional jurisdiction under Article 199 is only invoked if the person is deemed an 'aggrieved party' and no adequate statutory remedy is available. The existence of statutory remedies must be considered when exercising discretion under this Article.

The bypassing of statutory forums should be discouraged to maintain the integrity of legislative intent.

Courts should aim to advance the purpose of a statute, upholding legislative intent rather than undermining it.

In an unprecedented move, the court also referred a tax matter to mediation, emphasizing the court's proactive role in promoting Alternative Dispute Resolution (ADR). The judgment noted: This Court proactively played its due role to convince the parties to settle their dispute through mediation. Both parties agrreed, reflecting a mutual commitment to resolving the issue through ADR.

This ruling not only sets crucial legal precedents regarding the issuance of show cause notices but also marks a significant step forward in integrating ADR, particularly mediation, into the legal process for tax disputes in Pakistan.

We are thrilled to announce the success of a groundbreaking seminar on Alternative Dispute Resolution (ADR) titled 'The Future of Mediation,' organized by our Partner, Barrister Talha Ilyas Sheikh, in collaboration with the Chartered Institute of Arbitrators and the Institute of Business Administration. The seminar was honored by the presence of Senior Presiding Judge Justice Sadaqat Ali Khan, Justice Mushir Alam from the Supreme Court, and Justice Jawad Hassan from the Lahore High Court, whose participation highlighted the event’s importance.

The seminar saw enthusiastic engagement from both the bar and bench, as well as from attendees, signaling a growing interest in mediation. It effectively demystified the mediation process, underscoring its role as a complementary tool to traditional litigation and inspiring innovative approaches to dispute resolution among young lawyers.

Key future developments discussed during the seminar include the potential establishment of a court-annexed mediation centre at the Rawalpindi Bench and the creation of a pool of neutral mediators. These initiatives mark a significant step forward in our commitment to integrating mediation into the Pakistani legal framework.

This achievement not only showcases the expertise and leadership of Barrister Talha Ilyas Sheikh but also reinforces our firm's dedication to pioneering new avenues in the legal profession. The seminar stands as a milestone in our journey towards embedding mediation within the legal framework and reflects the innovative spirit driving our firm.

We are pleased to announce that our Partner, Barrister Talha Ilyas Sheikh, recently moderated a distinguished panel at a seminar on Alternative Dispute Resolution (ADR) organized by the Institute of Cost and Management Accountants of Pakistan (ICMA Pakistan). This event is part of our ongoing commitment to promoting mediation and innovative ADR methods as effective tools for dispute resolution.

The seminar featured an insightful discussion on the role of Early Neutral Third Party Evaluation, a critical component in the ADR process. The session, led by Talha, was attended by esteemed members of the judiciary, including Justice Miangul Hassan Aurangzeb, Justice Jawad Hassan, and Justice Sardar Ejaz Ishaq, alongside other distinguished professionals from the legal and financial sectors.

Talha’s leadership in moderating this session underscores our firm's position as a leader in ADR and highlights our dedication to fostering innovative dispute resolution practices. By facilitating such important conversations, we continue to advance the understanding and adoption of mediation and other ADR methods within the broader legal community.

This seminar represents another significant step forward in our efforts to integrate ADR into mainstream legal practices, and we are proud to have played a key role in this important initiative.

We are honored to share a recently reported judgment by hon'ble Justice Babar Sattar in which our Partner Barrister Talha Ilyas Sheikh had the privilege to be a part of. This significant ruling decides the jurisdiction of the Intellectual Property Tribunal, Islamabad, resolving long-existing uncertainties.

In this case, the High Court held that the Intellectual Property Organization of Pakistan Act, 2012, supersedes the conflicting provisions of the Trade Marks Ordinance, 2001. This decision is pivotal in ensuring that all suits and other civil proceedings regarding the enforcement of Intellectual Property Laws, including applications for revocation/invalidity of trademarks, are to be instituted and decided exclusively by the Tribunal.

This judgment not only brings clarity to the legal framework governing intellectual property in Pakistan but also sets a precedent for the streamlined handling of such cases, enhancing the effectiveness of our judicial system in dealing with intellectual property disputes.