Govt to work hand-in-hand with BIAC: Law Minister

Bangladesh International Arbitration Centre (BIAC) – country’s first and only Alternative Dispute Resolution (ADR) institution, has stepped into its 6th year of functioning. As part of its 5th celebration, BIAC held a Seminar on “ADR: A Business Development Priority for Bangladesh” on Saturday, 4th June 2016 at Le Meridien, Dhaka. The Seminar was presided over by Mr. Mahbubur Rahman, Chairman BIAC.

Welcoming the guests, BIAC’s CEO, Mr. Muhammad A. (Rumee) Ali affirmed that BIAC represents the community’s commitment to ensure the work of the judicial and the legal 5th Anni_BIACsystem can be enhanced to devote the most important resource, which is time, is conserved for the most important disputes that impact the community. He pointed out that economy is paying a higher price for the inefficiency through high economic and social transaction cost.

Chief Guest Mr. Anisul Huq, MP, Minister for Law, Justice & Parliamentary Affairs stated that the amendment to the Code of Civil Procedure 1908, that made mediation mandatory in all civil cases has been given effect through an official gazette in January 2016. Therefore, now all cases are to try mediation before continuing with litigation. This will surely lighten the burden of Bangladesh courts and provide the method for speedy resolution of disputes for all. He expects BIAC will play a leading role in ensuring the ADR cases can take place successfully and efficiently and businesses are able to resolve their disputes in a cost-effective manner. Towards the end of the seminar, he announced a birthday gift to BIAC with an assurance that the government will work hand-in-hand with BIAC in ADR methods which will encourage business organizations as well as government offices to seek BIAC’s intervention in resolving their disputes.

Key note speaker, Francis Xavier, on the basis of his observation on BIAC and legal system of Bangladesh, recommended the following points: BIAC needs full judiciary support; Government should ensure the Foreign Direct Investment (FDI) settlement provision; there is a need for law reform that would make Bangladesh an Arbitration-friendly venue. For instance, in Bangladesh Sole Arbitrator should be preferable than three Arbitrators and BIAC could be given the power of authority of appointing Arbitrator.

As a panelist, Mr. Mohammad Shahidul Haque, Secretary, Legislative & Parliamentary Affairs Division highlighted that the Government has instructed inclusion of arbitration clause in every government contracts that has a value of up to US$ 50 million and to hold the arbitrations in Dhaka alone. Former Justice Awlad Ali stated that parties and their appointed representative/lawyer must have a mind-set to settle the dispute peacefully and in friendly manner. The party should obey and comply with the award passes by the Tribunal under the rules. As a CEO & Managing Director of Mutual Trust bank and President of BAB, Mr. Anis A. Khan, urged all banks and corporates to use BIAC’s facilities and services. In this regard, banks and corporates need to have more capacity building and awareness programme on ADR.

Chairman of BIAC Council Mr. Mahbubur Rahman drew the attention to the audience that in past 5 years BIAC has been creating awareness in the legal and business community. Since 2011 BIAC has organised 80 seminar/ workshop; 35 training programs on arbitration, mediation and negotiations; administer 50 ADR cases. BIAC as an ADR institution got recognition from renowned international organizations namely; the Permanent Court of Arbitration (PCA), the Hague, the Netherlands, the SAARC Arbitration Council (SARCO), the Kuala Lumpur Regional Centre for Arbitration (klrca), the Cairo Regional Centre for International Commercial Arbitration (CRCICA) and Vietnam International Arbitration Centre (VIAC). Apart from this, the Bangladesh Bank has also recognised BIAC as an ADR institution through an advisory, where the Bangladesh Bank has urged all banks to include ADR in their loan and commercial contracts and suggested that in resolution of disputes through ADR methods, the banks may use the Bangladesh International Arbitration Centre (BIAC) ADR Rules. Beside this, an international commercial dispute has been amicably settled under BIAC Mediation Rules 2014 within 14 hours.

Former Chief Justices and Justices, diplomats, senior lawyers, senior government officials, managing directors of banks, distinguished business leaders and prominent businessmen, country representatives of international organisation and media personalities also participated at the Seminar.


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