Section 23: Functions of the Commission

(1) Subject to this Act, the Commission shall be responsible for performance of following functions, namely:— (a) initiation of proceedings in relation to trade disputes that may arise between parties and make orders and determinations in such manner and form as may be prescribed; (b) provision of a comprehensive regime for the swift and effective resolution of disputes relating to the international trade in goods and services, including— (i) provision and facilitation of a forum for negotiations, referral and allocation system, as provided in this Act, to allow and facilitate local and foreign importers and exporters access to a range of mechanisms; (ii) the issuance of final determination by the Commission itself; (iii) conciliation in accordance with UNCITRAL Conciliation Rules; (iv) arbitration in accordance with the Arbitration Act, 1940, (Act No. X of 1940) as amended from time to time; (v) resolution of a trade dispute by a commercial bench of the High Court in accordance with Part VIII of this Act; and (vi) other co-operation and assistance by the Commission or representative offices, embassies and missions abroad or otherwise. (c) rendering advice to parties in relation to any proposed action to be taken by such parties and ensuring that such actions are coherent and consistent with the provisions of this Act, rules, regulations or guidelines made hereunder; (d) monitoring of the conduct of dispute resolution mechanisms and intervention in the event of delay; (e) maintaining the highest standards of integrity amongst all mediators, conciliators and arbitrators; (f) establishing and promoting arbitration and alternative dispute resolution institutions within Pakistan; and (g) maintaining a collated database of all the chambers of commerce in the country as well as of the trade bodies and registering any disputes that have been filed with these trade bodies. (2) The Commission shall promote fair trade through advocacy which, among others, shall include— (a) reviewing existing trade policy framework in relation to strategic policies that are being implemented at a state level and making such beneficial recommendations to the division concerned; (b) to engage in capacity-building, training and consultation services for the development and promotion of international standards and best practices in international trade, dispute resolution and all matters incidental thereto. The Commission shall endeavor to train commercial counselor and community welfare attaches deputed abroad so that they are equipped to handle disputes or any matters related thereto whose performance shall be monitored and evaluated from time to time; (c) holding seminars and workshops addressing the trade dispute issues in Pakistan and harvesting an environment of open debate on regulating commercial behavior of stakeholders, which will improve the trade relationships with other countries; and (d) ensuring that the Commission's website shall post information pertaining to all sessions and workshops, rules, regulations and any guidelines that the Commission may issue for the benefit of the public at large. (3) Subject to this Act, the Commission shall take all measures necessary— (a) to facilitate and enhance international trade involving local and foreign entities; (b) to bridge the trust deficit between local and foreign businessmen through providing parties a forum for an effective and efficient dispute resolution mechanism; (c) to improve the international standing and reputation of Pakistan in matters of trade, as a reliable trading destination; (d) to further develop and harness a mutually beneficial trade relationship between TDRC and its counterparts and in other countries; and (e) to ensure that any disputes that may arise between parties are resolved in such manner and form as may be prescribed from time to time.

Effective date: 2023-08-11

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