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DESCON ENGINEERING LTD. vs CNERGYICO PK LTD — 2025 CLD 1807 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 CLD 1807 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
CLD
Parties
DESCON ENGINEERING LTD. vs CNERGYICO PK LTD
Subject matter
Civil
Provisions referred to
S. 89-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DESCON ENGINEERING LTD. VS CNERGYICO PK LTD. S. 89-a & O. X, R. 1-B---alternate Dispute Resolution---Mediation/arbitration, referral to---Court, powers of---Scope---Before making a reference to arbitration, it would be worthwhile to refer the dispute to mediation; even if the parties can settle a part of their dispute, that will still save their time and costs in arbitration---Parties are, generally, not averse to mediation as long as a time-line is fixed--- The benefits of mediation, out of the other modes of alternate dispute resolution and especially for businesses, are many--- Courts are urged to exhibit a pro-settlement and a pro-mediation bias---Therefore, in the present case , in exercise of powers under S. 89-a read with O. X, R. 1-B, C.P.C., the dispute between the parties arising under the contracts-in-question was referred for mediation to the Mediator i.e. Musaliha International Center for arbitration and Dispute Resolution (MICaDR)---Suit was disposed of accordingly.

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