Monday, 9 September 2013

How proceedings in a Arbitration Counsel are conducted?

For answering this question i would like to answer the questions what is an Arbitration Counsel? How an Arbitration Counsel is different from a Union Counsel?

In Pakistan there is a system of Union Counsels in villages and in old cities. Usually the jurisdictions which were declared as Estates in the British Era comprise of a Union Counsel. There are declared Union Counsels in various districts of Pakistan. Each and every district of Pakistan has an Arbitration Counsel. Arbitration Counsel is the head institute of Union Counsels. One district can have number of union counsels working in the municipal limits. For Example Islamabad has one Arbitration Counsel and 12 Union Counsels in its suburbs. Similarly the Cantonment areas usually have their own union counsels headed by Colonel Rank Officers of Armed Forces.

There are various kinds of proceedings conducted in Union and Arbitration Counsels around Pakistan. Here we will only discuss some of the judicial proceedings. The proceedings conducted by the Arbitration and Union Counsels are in accordance with various Acts and Ordinances. For example the most common proceedings conducted by these counsels are the proceedings under the Muslim Family Laws Ordinance, 1961.

According to the provisions of Muslim Family Laws Ordinance, 1961 the Chairman of the Counsel is bound to make a committee for conducting proceedings and he/she himself will supervise the proceedings. Normally what happens is that the Chairman doesn't conduct the proceedings himself because of his busy schedule aristocratic nature of job. Another fact is that the Chairman of these counsels is considered a judge for judicial proceedings but normally the chairpersons so appointed dont have legal understanding.

The proceedings are conducted practically by the subordinate staff of chairman in most of the arbitration/union counsels around Pakistan. The finality of decision is achieved once there is signature of the chairman which means his/her consent is there. It is a dilemma that we live in a country where law graduates don't have jobs while people having only matriculation degree are conducting judicial proceedings on behalf of judges that themselves dont have any legal understanding..

Salman Yousaf Khan
Advocate High Court

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Salman Yousaf Khan
International Lawyer