Validty of choice of law clauses in commercial arbitration: comparative study in Indo-Pak perspective

Abstract

The issue of validity of choice of law clauses in commercial arbitration has become an emerging issue in Pakistan over the last few decades. This thesis delivers a detailed and comprehensive analysis highlighting the different types of choice of law problems as well as critically analysing the laws pertaining thereto prevalent in both India and Pakistan. Determining the law which would be applicable to the dispute, often referred to as choice of law is an important aspect in the entire process. Pertinently, this thesis provides a detailed analysis of choice of law problems in international commercial arbitration, with a specific focus on a comparative analysis of the choice of law principles in India and Pakistan. Key areas of investigation include the interpretation of arbitration agreements, the determination of the governing law, and the resolution of conflicts between the chosen law and international public policy. The comparative analysis sheds light on the varying approaches adopted by these two jurisdictions and their implications for international commercial arbitration practitioners and stakeholders. It also explores the potential for harmonization and alignment of choice of law principles to enhance the efficiency and predictability of arbitration proceedings in the region thereby providing some sense of consistency and security to foreign investors and stakeholders. Ultimately, this thesis contributes to a deeper understanding of choice of law issues in international commercial arbitration, offering insights into the legal intricacies of India and Pakistan and providing valuable guidance for legal professionals, arbitrators, and policymakers seeking to address and resolve these challenges in an increasingly interconnected global economy. Keywords: International Commercial Arbitration, Choice of Law, Public Policy, Mandatory Law, Indian & Pakistan Law.