This Report was commissioned by the Government of Punjab to analyse the commercial laws in Punjab Province of Pakistan. It makes recommendations for improvements to the relevant laws and procedures, and for the establishment of a commercial court:
Establishment of a special commercial court through a separate law. Such a court may be set up at the second-tier level, that is, at the District or Additional District Judge, both of whom have concurrent jurisdiction.
Such a court should have jurisdiction over most commercial matters, except those for which special courts already exist. This court should have its own procedures to facilitate resolving of commercial disputes in an efficient and effective manner. The commercial court should be automated starting from filing an application to serving notices, to sending updating notices to attorneys/parties, case management and uploading of court orders and judgments.
Through the following recommended measures the time parameter and quality of judicial process in enforcing commercial contracts will improve, which will improve Lahore’s score on ‘enforcing contracts’ thereby improving the ranking of Pakistan on this indicator of the Doing Business index.
Amendments to the following laws: Contract Act 1872, Specific Relief Act 1877, Stamp Act 1899, Registration Act 1908 and the Limitation Act 1908 in addition to amendment or substitution of the Arbitration Act 1940.
Enactment of a standalone ADR Act, mandatory provisions for case management, cost of litigation and adjournments. Automation of processes from execution of contract to Alternative Dispute Resolution to commercial court proceedings.
Syed M A, Warraich, A N, Assessment of Commercial Laws and the Establishment of a Commercial Court System in Punjab, Business Environment Reform Facility