The Trade Dispute Resolution Act, 2022

WHEREAS, it is essential, for the promotion of trade in Pakistan, protection of all trading interests and improvement of Pakistan's standing internationally, that there shall be established an effective dispute resolution regime for the swift, efficient and effective resolution of international trade disputes through negotiations, determinations, alternative dispute resolution mechanisms and referral of disputes to commercial benches; WHEREAS, it is necessary that such dispute resolution regime should be comprehensive and flexible encompassing a full range of dispute resolution method, cooperation and assistance from the relevant government bodies as well as consistent with internationally accepted standards; and that such a regime should be equipped with in exclusive supervisory and enforcement jurisdiction and a streamlined procedure to carry out the purposes of this Act; AND WHEREAS, it is necessary to constitute a trade dispute resolution commission to perform and execute the functions outlined in this Act with the possibility of performing the same functions with regard to domestic trade disputes in the future, as may prescribed at a later time. It is hereby enacted as follows:

• Section 1: Short title, extent and commencement
• Section 2: Definitions
• Section 3: Scope of application
• Section 4: Non-intervention
• Section 5: Constitution of the Commission
• Section 6: Head office
• Section 7: Exclusive jurisdiction of the Commission
• Section 8: Composition of the Commission
• Section 9: Qualification and eligibility of the Commission
• Section 10: Disqualification
• Section 11: Chairman
• Section 12: Acting Chairman
• Section 13: Term of office
• Section 14: Remova1 of members
• Section 15: Trade Dispute Resolution Fund
• Section 16: Accounts and audit
• Section 17: Annual report
• Section 18: Appointments by Commission
• Section 19: Meetings of Commission
• Section 20: Disclosure of interest by members
• Section 21: Conflict of interest by staff of Commission
• Section 22: Officers and employees, etc., to be public servants
• Section 23: Functions of the Commission
• Section 24: Power to acquire information
• Section 25: Power of the Commission as civil court
• Section 26: Delegation of powers
• Section 27: Administration and secretariat of the Commission
• Section 28: Referral of trade disputes to the Commission
• Section 29: Requirement of a written application
• Section 30: Review of the complaint
• Section 31: Notice to appear
• Section 32: Withdrawal of application
• Section 33: Allocation by the Commission
• Section 34: Self-allocation by the Commission
• Section 35: Final determination passed by the Commission
• Section 36: Power to issue interim determination
• Section 37: Powers
• Section 38: Extent of powers
• Section 39: Failure of parties to respond
• Section 40: Declarations, directions and recommendations
• Section 41: Appeal against Commission's final determinations
• Section 42: Referral to conciliation
• Section 43: Regional conciliation committees
• Section 44: Detailed directions and guidelines
• Section 45: Approved conciliators
• Section 46: Completion of conciliation
• Section 47: References to arbitration
• Section 48: Approved arbitrators
• Section 49: Constitution of commercial benches
• Section 50: References to a commercial bench
• Section 51: Powers in relation to assistance by the Commission
• Section 52: Extent of powers
• Section 53: Promotion of alternative trade dispute resolution mechanisms
• Section 54: Common seal
• Section 55: Service, of notices and other documents
• Section 56: Fines and penalties
• Section 57: Failure to disclose correct information
• Section 58: Power to make rules and regulations
• Section 59: Power to issue guidelines
• Section 60: Removal of difficulties
• Section 61: Authorities to assist and aid Commission
• Section 62: Immunity
• Section 63: Repeal