MIA ARBITRATION MEDIATION CONCILIATION CENTRE (MIA-AMCC)
Alternative dispute resolution (“ADR”) has gone through its lows and highs in the legal history of Pakistan. By far the most common amongst the various alternative dispute resolution mechanisms in Pakistan is arbitration. While there are different reasons for choosing arbitration over the other ADR mechanisms, such as mediation or conciliation, the striking reason for such choice appears to be the applicable laws of Pakistan. The laws of Pakistan are by now very well settled in respect of arbitration, including aspects such as the conduct of arbitration, appointment of arbitrators, powers of arbitrators, contents of an award and enforcement of such awards. Therefore, the clarity of the procedures enables the parties to confidently choose arbitration in appropriate cases. Whereas mediation and conciliation do find mention in Pakistan laws, as an option to be used by parties to disputes, lack of detailed procedures (prior to, during or after the chosen ADR option) is the primary obstacle in attracting parties to consider these two mechanisms. As for negotiation, another ADR mechanism, it does not really find mention in the laws altogether.
MIA ARBITRATION MEDIATION CONCILIATION CENTRE (MIA-AMCC) provides state of the art comprehensive case administration services of Arbitration, Mediation, Conciliation, Fact Findings, Hearing Facilities and Virtual Hearings.
The Centre provides full administrative services in MIAAC cases, including:
- A dedicated case team consisting of an MIAAC legal counsel, paralegal, legal assistant and hearings organizer, who assist the parties and the trial throughout the process. The legal counsel serves as the Secretary to the Trial, offering a wide range of support and expertise concerning the MIAAC procedure. The Secretary is involved in all aspects of the process and assists the parties and the Trial at hearings.
- A financial team that manages the finances of the case with the assistance of the Trial Secretary. The parties’ advances to cover the costs of the proceeding (including the arbitrators’ fees and hearing expenses) are held in a case-specific income bearing account, and MIAAC handles all payments to arbitrators, service providers and others from this account. Detailed interim financial statements can be provided to the parties at any time during the proceeding. At the end of the process, MIAAC provides a final financial statement to the parties including a breakdown of the fees and expenses of the Trial and handles any reimbursements to the parties.
- Hearing Facilities at the MIAAC offices and other locations around the areas in Pakistan. MIAAC has arrangements with institutions around the Pakistan to offer access to facilities at cost-effective rates.
- Logistical support for the organization of hearings, sessions, telephone and video conferences and meeting rooms for the trial and the parties. MIAAC has a wide network of experienced court reporters, translators, interpreters and other service providers and makes the appropriate arrangements, taking into account the specific requirements of each case after consulting the parties and the Trial.
- Any other services tailored to the specific case at hand (e.g., depository of documents that the parties wish to make public) depending on the preferences of the parties and the Trial.
MIAAC offers fully-equipped, state-of-the-art hearing rooms and preparation/breakout rooms at the MIAAC office. It can also arrange hearings and video links at other offices around the world.
If the parties wish to hold hearings at other locations, MIAAC has arrangements with institutions around the country to offer access to facilities at cost-effective rates.
MIAAC’s hearing facilities offer first class on-site services and equipment including:
- Video-conferencing, projection, interpretation, webcasting, sound and video recording equipment
- Large plasma-screen monitors and individual monitors for the Trial and the parties
- Multi-language Live Stream for public hearings
- Dedicated professionals to manage all technical aspects of each hearing
- Photocopying, fax and WiFi services
- Security for all premises, including guard patrol
- Movable shelving and other furniture
- On-site catering, coffee shops and private dining rooms
In addition, MIAAC has a wide network of service providers such as court reporters, interpreters and translators experienced hearings. The Secretariat often handles complex hearings involving multiple languages and logistical challenges. It ensures that the arrangements are tailored to the needs of each particular hearing, after consultation with the parties and the Tribunal.
If the parties and the Trial wish to hold a hearing at a venue where MIAAC does not have suitable facilities, MIAAC will make the best suited and cost-effective arrangements to meet the particular needs. It has for this purpose concluded agreements with leading arbitration institutions and dispute-settlement centers.
MIAAC in future shall also arrange hearings at other venues, such as London (e.g., at the International Dispute Resolution Centre in London, the Chartered Institute of Arbitrators and Church House Conference Centre), New York (e.g., NYC Seminar and Conference Centre, New York International Arbitration Center), Toronto (the Arbitration Place), Malaysia and Auckland (New Zealand Dispute Resolution Centre Ltd.).
As part of the case administration services offered by the Secretariat, MIAAC staff assist the parties and the Trial throughout a hearing, at any venue around the world.