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KARACHI, March 31: The Federation of Pakistan Chambers of Commerce and Industry (FPCCI), the apex body of trade and industry, is functioning without any laws and rules regarding the arbitration tribunals.
This was stated by the FPCCI?s managing committee member Sardar Muhammad Ashraf Khan in a letter addressed to director Trade Organization (DTO), Ministry of Commerce which regulates the affairs of trade bodies in the country.
Mr Ashraf Khan alleged that a fake approval number is mentioned on the copy of arbitration rules without having any legal sanction from the authority under the Trade Ordinance and even land?s arbitration laws are not being followed.
Despite the fact that Pakistan is a signatory of world arbitration laws and United Nation?s laws on arbitration, the FPCCI was functioning without any laws of arbitration.
He also clarified to the DTO that no formal complaint was filed by him to the Prime Minister Shaukat Aziz rather a letter in response to the prime minister?s query about the affairs of FPCCI was submitted giving some concrete suggestions about how to improve the image of the apex body.
However, Sardar Ashraf Khan complained that the Ministry of Commerce had been taking defensive or reactive role instead of proactive and regulatory role as defined in the trade ordinance. He further said that basic flaws and distortions in the structure, legal framework and administrative system of the FPCCI continue to exist. The very constitution (Article of Association and Memorandum) of the FPCCI is full of mistakes, inconsistencies and a lot many contradictions.
The FPCCI?s managing committee member further said that neutrality is the essence of arbitration but arbitration tribunals were formed to favour one party or the other as per the desire of the ruling group of the FPCCI.
Citing an example, Sardar Ashraf Khan said FPCCI lawyers during one of the proceedings before the DTO failed to produce the copy of the approved by-laws on arbitration from the ministry despite a specific demand put forward by the DTO. The DTO could not get his own orders enforced and was some how persuaded to call the formation of the tribunals ?just and proper? for reasons best known to him.
He said the situation even oday remains unchanged despite the decision of the Sindh High Court declaring the formation of tribunals without lawful authority. Over a dozen such tribunals were formed with ulterior motives to win the election fraudulently, he said.
Mr Sardar Ashraf Khan said that election frauds of such magnitudes are normally tackled through routine complaints after the election held against the backdrop of massive irregularities and illegalities. The Ministry of Commerce cannot absolve itself from the responsibility of illegalities committed by the FPCCI management in elections, he maintained.
He said that even in communist and autocratic countries an artificial fa?ade of neutral election body exist. ?Here we held an election without election rules approved by the regulatory authority. Even the homemade election rules were changed at will without adopting the procedure laid down in so-called rules.?
The Managing Committee member of the FPCCI suggested appointment of a neutral administrator to carry out screening of fake trade bodies and nominations. Legal framework should be put in place as per international standards for trade bodies and bringing transparency, fairness and impartially in the working of FPCCI.
He also suggested that FPCCI should be reformed according to major chambers, associations. Corporate sector should be allowed to open these institutions for real representatives of business community.
This was stated by the FPCCI?s managing committee member Sardar Muhammad Ashraf Khan in a letter addressed to director Trade Organization (DTO), Ministry of Commerce which regulates the affairs of trade bodies in the country.
Mr Ashraf Khan alleged that a fake approval number is mentioned on the copy of arbitration rules without having any legal sanction from the authority under the Trade Ordinance and even land?s arbitration laws are not being followed.
Despite the fact that Pakistan is a signatory of world arbitration laws and United Nation?s laws on arbitration, the FPCCI was functioning without any laws of arbitration.
He also clarified to the DTO that no formal complaint was filed by him to the Prime Minister Shaukat Aziz rather a letter in response to the prime minister?s query about the affairs of FPCCI was submitted giving some concrete suggestions about how to improve the image of the apex body.
However, Sardar Ashraf Khan complained that the Ministry of Commerce had been taking defensive or reactive role instead of proactive and regulatory role as defined in the trade ordinance. He further said that basic flaws and distortions in the structure, legal framework and administrative system of the FPCCI continue to exist. The very constitution (Article of Association and Memorandum) of the FPCCI is full of mistakes, inconsistencies and a lot many contradictions.
The FPCCI?s managing committee member further said that neutrality is the essence of arbitration but arbitration tribunals were formed to favour one party or the other as per the desire of the ruling group of the FPCCI.
Citing an example, Sardar Ashraf Khan said FPCCI lawyers during one of the proceedings before the DTO failed to produce the copy of the approved by-laws on arbitration from the ministry despite a specific demand put forward by the DTO. The DTO could not get his own orders enforced and was some how persuaded to call the formation of the tribunals ?just and proper? for reasons best known to him.
He said the situation even oday remains unchanged despite the decision of the Sindh High Court declaring the formation of tribunals without lawful authority. Over a dozen such tribunals were formed with ulterior motives to win the election fraudulently, he said.
Mr Sardar Ashraf Khan said that election frauds of such magnitudes are normally tackled through routine complaints after the election held against the backdrop of massive irregularities and illegalities. The Ministry of Commerce cannot absolve itself from the responsibility of illegalities committed by the FPCCI management in elections, he maintained.
He said that even in communist and autocratic countries an artificial fa?ade of neutral election body exist. ?Here we held an election without election rules approved by the regulatory authority. Even the homemade election rules were changed at will without adopting the procedure laid down in so-called rules.?
The Managing Committee member of the FPCCI suggested appointment of a neutral administrator to carry out screening of fake trade bodies and nominations. Legal framework should be put in place as per international standards for trade bodies and bringing transparency, fairness and impartially in the working of FPCCI.
He also suggested that FPCCI should be reformed according to major chambers, associations. Corporate sector should be allowed to open these institutions for real representatives of business community.
