Reforms to help clear case backlogs in S Asia

Governments in South Asian countries need to reform their judicial systems in order to clear their respective case backlogs, if they want to help their economies flourish by attracting more foreign direct investment (FDI), Bangladesh International Arbitration Centre (BIAC) Chairman Mahbubur Rahman said on Sunday.

There are piles of cases before the courts, especially in Bangladesh, India and Pakistan, he added.

This is high time for the governments in the South Asian countries to recognise the need for reform in laws relating to arbitration, mediation and other methods of ADR, he observed.

The objective should be to provide a unified legal framework for fair and efficient settlement of disputes arising in the regional commercial relations which will definitely result in more economic growth in the region, he said.

Mahbubur Rahman, also president of International Chamber of Commerce-Bangladesh, was delivering his closing remarks at a webinar on "ADR Landscape in the South Asia Region: Suggested Reforms.''

BIAC, the first and only registered Alternative Dispute Resolution (ADR) institution of the country, organised its 15th webinar, jointly with its partner organisation Indian Institute of Arbitration & Mediation (IIAM), one of the pioneer institutions in India, providing institutional ADR.

Internationally reputed legal minds joined the webinar and spoke on the present situation in respect of the ADR landscape in South Asia and suggested required reforms in the field.

A panel of eminent speakers from seven South Asian nations --Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan and Sri Lanka --representing judges of apex courts, heads of ADR institutions and lawyers.

They stressed the need for legislative reforms in the ADR spectrum of the region for overall economic development of the countries concerned.

In his welcome address, Chief Executive Officer of BIAC Muhammad A. (Rumee) Ali insisted on using new technology in the New Normal world of ADR in view of the ongoing pandemic. He urged the South Asian nations to come up with legal reforms in order to achieve SDG-16: Access to Justice.

Rumee Ali advocated institutionalised ADR to achieve this goal. He also argued that non-performance of business contracts can be resolved expeditiously and in a cost-effective manner through the use of ADR.

Indian Institute of Arbitration & Mediation (IIAM) President Anil Xavier also delivered his welcome address on behalf of his organization.

He said it has been of great interest and a learning experience to understand the current situation of ADR in the South Asian countries.

He stressed the need for considering how countries of the region see their future options and how they could contribute to collaboration with other neighbouring nations in developing the entire Asia Pacific region as a hub for international ADR and making a model for the world.

Taking part in the discussion, Justice AFM Abdur Rahman of Bangladesh emphasised more government initiatives for invocation of mandatory ADR in settling disputes.

He also favoured introduction of ADR system in the consumer sector for economic development of the country.

Justice Madan Bhimarao Lokur, Judge of Supreme Court of Fiji and former Judge of Supreme Court of India, also spoke on the occasion.

Building awareness among the adversaries and training ADR practitioners will help economies in the region grow, Justice Lokur said.

Rana Sajjad, President of Center for International Investment & Commercial Arbitration, Pakistan, in his deliberations said that reforms of the legal regime governing ADR in Pakistan are underway in light of the enactment of the ADR Act 2017 and the Punjab ADR Act 2019.

Matrika Niraula, Managing Director of Nepal International ADR Center, took part in the discussion and stated that Nepal has a complete set of ADR legislation.

With the ADR supportive policies and institutional setup, Nepal will grow as the preferred venue for all parties looking to resolve their disputes in a naturally peaceful and supportive environment.

Panellist Shehara Varia, Director, CCC-ICLP Alter-nate Dispute Resolution Center, Sri Lanka, said the pandemic "taught us that we are now in an era where there are no boundaries in cooperation and communication and we should therefore use all opportunities to make South Asia the most sought-after region for ADR."

Ms. Tashi Dema, Senior Legal Officer, Bhutan Alternative Dispute Reso-lution Centre, gave an account of the activities and challenges of her institution. She also narrated a few reformative steps that Bhutan recently initiated in view of the ADR landscape in the South Asia region.

Ms. Juna Ahmed, Attor-ney at Law, from SHC Lawyers LLP, the Maldives, shared insights about the Maldivian ADR landscape which is fairly new and still in the development stage.

Relevant stakeholders, including the government and the judiciary are taking steps in strengthening the Maldivian legal framework and introducing new laws and systems on ADR, Juna said.

Iram Majid, Director, IIAM, moderated the working session of the webinar.

In course of discussion she said that the South Asian countries can formulate a road map for the ADR structure in the region.

MA Akmall Hossain Azad, Director of BIAC, moderated the inaugural session. The programme was streamed live on the facebook page and LinkedIn profile of BIAC.