Arbitration: Legislation, Scope, and Functioning in Pakistani Legal System a Pragmatic Approach in Law and Sharī‘ah

This study investigates the case of arbitration in the modern states in general and in the Islamic Republic of Pakistan in particular, as a self-binding, amicable mode of Alternative Dispute Resolution (ADR). It starts with arbitration’s meaning, history and evolutional background and discusses them as preliminaries and entrance to the main topic. The study debates Pakistani legislation on the subject, with special focus on the Arbitration Act, 1940. It examines the functioning of arbitration in Pakistani legal system, detects the flaws and areas of improvement therein, and most significantly, suggests proposals for required amendments in the relevant laws. In this connection, the equivocal nature of ADR provisions in some statutes other than Arbitration Act, has been specially highlighted.  As per requirement of the Article 2(A) of the Constitution 1973, some inconsistencies of the laws on the subject with Sharī‘ah have also been traced. The issue of qualifications of arbitrators (hakams) has been detected as the main subject of inconsistency between law and Sharī‘ah, resulting in substantial and effective bearings. A similar inconsistency, comparatively with a lesser effect, has been noted in arbitration of family disputes regarding fixation of number of arbitrators and the hail from families of the disputing spouses. While investigating all these issues, an analytical-cum comparative strategy has been followed. The conclusion contains a concise brief on comparison between Sharī‘ah and law on the subject and a package of proposed amendments in the gray areas.

Managing People - a Cultural Perspective

Hofstede’s (1980, 1984, 1994, 2001) five dimensions of national culture namely power distance, individualism, masculinity, uncertainty avoidance and long-term orientation were utilized as a theoretical framework to measure the national culture of Pakistan both at country and provincial level. This study also investigated whether or not the national culture influences the HRM practices adopted by public sector organizations in Pakistan, which later were found to be more absence of HRM practices. Using two standardized instruments developed by Hofstede: Values Survey Module (VSM) – 82 and VSM – 94, 960 bankers of a private local bank were surveyed. Results showed firstly, that at country level Pakistan is high on power distance and uncertainty avoidance, low on individualism, and mediocre on masculinity supporting the direction of Hofstede’s (1980) scores. Pakistan was found mediocre on long-term orientation inconsistent with Hofstede’s (1980) study. Secondly, strengthening of values was found. Thirdly, provincial level analysis of scores identified the non – existence of sub cultures. Fourthly, VSM - 94 was tested for reliability and validity to assess national culture. Fifthly, the manual of VSM – 94 included revised questions (in 1999) as well as original questions to measure long term orientation. The revised questions were named VSM - 99. The long term orientation questions of VSM - 99 in comparison to the original VSM – 94 were tested and found to be reliable. Lastly, the content analysis of news items for analyzing Human Resource Management Practices (HRMP’s) in public sector organizations in Pakistan identified a lack of HRM departments and HRMP’s. The absence of HRMP’s was analyzed in the light of the national culture dimensional context of Pakistan.