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LawBytes · Legal Guides

Appointing and Challenging an Arbitrator in Pakistan

How an arbitrator is appointed when the parties disagree, and the grounds on which an appointment can be challenged.

Disputes about who arbitrates a dispute are common, particularly where the arbitration clause is silent or the parties cannot agree on a name.

Where the parties cannot agree

Where the arbitration clause provides a mechanism — such as each party naming an arbitrator and the two naming an umpire — that mechanism generally governs. Where it does not, the court can be approached to make the appointment under the applicable arbitration legislation.

Grounds for challenge

  • Justifiable doubts about the arbitrator’s independence or impartiality
  • Lack of qualifications the parties agreed were required
  • Circumstances arising after appointment that affect impartiality, disclosed or discovered later

Timing of a challenge

A challenge to an arbitrator is generally expected to be raised promptly once the grounds become known, rather than being held in reserve and raised only if the award turns out unfavourable.

What to do next

Bring the arbitration agreement and any communications relevant to the proposed or appointed arbitrator’s independence.

Written by

Waleed Mansoor

Advocate High Court · Founding Principal

LL.B., University of the Punjab. Diploma in Tax and Forensic Laws. Founder of LawBytes, and formerly Director of the Legal Leadership Forum. Practises across litigation, corporate, regulatory and immigration matters.

More about the practice

This is general legal information, not advice. It describes how a process generally works and does not address the facts of any particular matter. Reading it does not create a lawyer–client relationship, and outcomes depend on the specific facts of each case.

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