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Law to be amended to make ADR mandatory: Shafique

Sunday, 11 December 2011


FE Report Speakers at a dialogue said arbitration can help emerging economies like Bangladesh to take off. Expeditious resolution of disputes through arbitration can generate confidence to invest in Bangladesh, they said. The comments came at the dialogue on 'Arbitration in an emerging economy' organised by Bangladesh International Arbitration Centre (BIAC) in the city Saturday. Minister for Law, Justice and Parliamentary Affairs Barrister Shafique Ahmed attended the dialogue as the chief guest, while Chairman of BIAC Mahbubur Rahman was also present. Head of the International Arbitration Practice of the Washington-based law firm Crowell & Moring Prof Arif Ali presented the keynote paper at the discussion. The minister said that adversarial method of dispute resolution results in buildup of cases and delays disposal. So the government is bringing about changes in the laws to make ADR mandatory where possible. Mahbubur Rahman said that there were roughly 1.9 million cases pending before the courts of which 0.6 million were civil cases. He said many business-related cases could be disposed of through arbitration, relieving the pressure on the judicial system and helping business move speedily. Mr Ali described how the arbitration process actually works internationally, the key issues to look out for, and the preparation that is essential. Citing specific problems, he also made certain specific recommendations for capacity building in Bangladesh. Former Chief Justice Tafazzul Islam, former Justices Syed Amirul Islam and Awlad Ali, Law Commission Chairman Dr M Shah Alam, Pubali Bank Managing Director Helal Ahmed Chowdhury were present on the occasion. Lawyers, officials of the Ministry of Law, Justice and Parliamentary Affairs, Law Commission, banks and representatives of business chambers and corporate houses were also present in the meeting. The dialogue was moderated by BIAC Chief Executive Dr Toufiq Ali.