Arbitration: An Aid to Heal Damaged Judicial System of Pakistan

It is a well acknowledged fact that Judicial System and Judicial Structure is no more efficient to cater the needs of aggrieved citizens. This scenario is to be deemed like two faces of a single coin: it has a good side and it has bad side. To put this sensitive subject matter in a better shape with a better tone, the scenario has a positive side and a reality-check to accept. The good side of the coin shows that citizens of Pakistan have started to gain trust in Judiciary of Pakistan and are now more aware of their fundamental rights. As a result of this, aggrieved people tend to seek help of the courts well in time with full trust that this might be a single door which will grant them their remedies according to their aggrivances. The reality-check side shows that Judiciary of Pakistan is now extremely shoulder laden and exhausted. It is no more known to be efficient in serving its duties amicably or expeditiously. Cases; particularly civil in nature, often goes on for decades without any proper redressal of the grievance. Influx of daily cases has increased exponentially in past few years due to more awareness among the society if their right and development of trust in judiciary to get their rights secured and damages claimed. According to the recent authentic statistical data from National Judicial Data and Supreme Court in year 2021 uptill month June 18^th, it is recorded that at least 2.1 million cases are pending in courts of Pakistan in the lower courts (District and subordinate courts collectively) and at least 0.33 million cases are pending in the high courts of Pakistan along with 51138 in the Supreme Court. 

Keeping in view this serious inefficient function of the judicial system of Pakistan, experts, such as technocrats, and ministries in alliance with judiciary and NGOs are exploring solutions in ‘Alternate Dispute Resolution’ (ADR). Concept of ADR is not new at all. Practices of ADR are well seen in primitive societies as well as in Islamic history aging back 1400 years. ADR is a professional tool which helps the aggrieved parties to solve their disputes amicably and expeditiously without having court’s intervention. Disputes are resolved in a flexible manner which also saves the relationship between the parties for future, whereas solving disputes through help of courts tends to be a rigid process which mostly disrupts relationship between the parties. To display this point in a much easier way it can be said that dispute resolution through ADR generally creates a ‘WIN-WIN’ situation for the both parties and dispute resolution through courts generally create a ‘WIN-LOSE’ situation for the parties where one party gets complete or more advantage over the other.

Adapting ADR system along with judicial system, analogously, is need of time which has great potential to be explored and implemented to ensure citizens of Pakistan that their time is precious and rights will be secured as quickly as possible in a friendly manner.