Law Event
An alternate to the overburdened courts
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Minister for Law, Justice and Parliamentary Affairs Barrister Shafique Ahmed (centre) addressing a Dialogue on Court Interventions in Arbitrations. |
“ADR should be effective and provide an alternate to the overburdened courts" said Hon'ble Barrister Shafique Ahmed, Law Minister. He was speaking at the dialogue on "Court Interventions in Arbitration"organized by the Bangladesh International Arbitration Centre (BIAC) at the Dhaka Chamber of Commerce and industries Conference Room in Motijheel, on Saturday, 9th July 2011.
The Law Minister further stated that the Arbitration Act of 2001 and amendment of the Civil Procedure Code was made to facilitate ADR, particularly Arbitration. However, he noted that the implementation left much to be desired. He is considering setting time limits for each stage of the proceedings, training in arbitration and mediation particularly in the Judicial Training Institute. Settlement of disputes must be on the basis of an understanding between the parties, and such understandings must not be overturned by courts.
Former Chief Justices Latifur Rahman, Syed J.R. Mudassir Husain, Tafazzal Islam also participated and made observations on the ADR process and role of the courts. Among other Barristers Rafiqul Haque, Dr. Zahir, Former Attorney General Hasan Arif, Former Justices Abdur Rashid and Awlad Ali, DCCI President Asif Ibrahim, Former President ASM Quasem, entrepreneur Rokia Rahman, MCCI Vice President Nihad Kabir, MD of NCC Bank Nurul Amin, made significant contributions on how the ADR process can be strengthened and made effective.
The Keynote Presentation was made by Barrister Ajmalul Hossain, QC who described the practice of courts, particularly in respect to international arbitration awards. He drew upon examples in Bangladesh, and abroad.
Chairman of the Governing Body of BIAC Mahbubur Rahman chaired the meeting and highlighted the role of the private sector in the development of the economy. The private sector needs options for speedy and effective resolution of business disputes, and arbitration provides the channel. He referred to the overburdened courts and stated even in New York State, there are more than 2 lac house foreclosure cases pending, and at the current rate of disposal, it will take 62 years to settle those cases. Clearly options for out-of-courts settlement, through arbitration, are vital. Chief Executive Dr. Toufiq Ali welcomed the participants and explained what BIAC does.
Press Release.
