Khush Amdeed and welcome
to Pakistan’s first Construction
Disputes Report (PCDR)
It has been almost 7 years since we (Mian Sheraz Javaid and Nasir Khan MBE) spoke at the Construction Law Master’s program at King’s College to find ways to improve Alternative Dispute Resolution (ADR) in Pakistan. As construction and engineering claims practitioners and promoters of ADR, it was important for us to understand the key reasons for disputes before we could identify suitable resolution options or recommend commercial strategies to our various clients. With limited information on the reasons for disputes or practices of ADR; specifically in construction, engineering and the commercial sector, we developed a personal repository by collating information from peers and connections.
The plan was to collect data from the people we knew on the nature of their disputes, understand the reasons behind these disputes, and whether these disputes went to court or followed ADR methodology for resolution. It was our general understanding that most disputes go straight to court unless parties negotiate their claims. The input gave us the idea to develop a survey to collect information across different sectors and professions in the country. PCDR is the first time that a comprehensive repository of data has been collected across Pakistan, which can be subdivided by sector, causation, and region.
PCDR will pave the way to identify the key causes of disputes in Pakistan’s construction industry and help with appropriate strategies to mitigate and avoid them. The findings have been compared with global reports to determine how other jurisdictions apply appropriate commercial strategies to overcome these issues. The survey data is collected by region, dispute causes, industry sector, organization type, resolution method, and more.
This research has been designed and conducted by MK Consultus LLP Pakistan and supported by the Chartered Institute of Arbitrators Pakistan Branch, TCC ADR Centre Pakistan and Currie & Brown UK Limited. The report reveals that the dynamic of Pakistan’s construction industry has great similarities when compared to data from global disputes.
We are grateful for the help and support received by the Chartered Institute of Arbitrators (CIArb); University of Engineering & Technology (UET), Lahore; Nadirshaw Edulji Dinshaw University of Engineering & Technology (NEDUET), Karachi; Balochistan University of Information, Technology, Engineering, and Management Sciences (BUITMS), Quetta; National University of Science & Technology (NUST), Islamabad; University of Engineering & Technology (UET), Peshawar; and Karakoram International University (KIU), Gilgit-Baltistan. We are grateful to our amazing interns Abdur Rehman (LUMS), Bilquees Bano Vardag (LUMS), Maria Shoaib Khan (LUMS), Ali Waqas (BUITMS), Ulos Yar (BUITMS), Sajid Khan (NUST), Usman Aftab (NUST), Ejaz Ahmed (UET Peshawar), Inayat Ullah (UET Peshawar), who helped to collate and streamline this report. We received amazing help and support from CIArb Pakistan Branch; Syed Asad Ali Bukhari and Suneela Aslam. Lastly, we would like to thank Millie Patel (CIArb) for her input and constant support.