Staff Reporter :
Legal experts and business leaders at a seminar on Saturday stressed the need for making alternative dispute resolution (ADR) mandatory to rezduce the huge backlog of cases through out-of-court settlement.
They said the move will ensure quick recovery of thousands of crores of taka now stuck in lengthy court procedures with the Artha Rin Adalat (money loan court) arose from the trade, commerce and tax-related disputes.
“The unsettled court cases related to trade, business and taxes are on the gradual rise. So, the government has initiated steps to ensure quick disposal of such cases through ADR,” said Law, Justice and Parliamentary Affairs Minister Anisul Huq the DCCI auditorium in the city.
The minister, also an eminent jurist, came up with the observation while addressing the seminar on “The Role of SARCO (SAARC Arbitration Council) as an Arbitration Centre in the Region.”
Jointly organised by Bangladesh International Arbitration Centre (BIAC), Dhaka Chamber of Commerce and Industry (DCCI) and SARCO, the seminar was conducted by DCCI President Hossain Khaled.
SARCO Director General Thusantha Wijemanna made a power-point presentation on “Importance of SARCO as Regional Arbitration Centre.”
The Law Minister said that though the system (ADR) is informal, it recognized globally for effective outside-court settlement process.
It has also proven success in many countries downsizing the number of civil, criminal and business-related cases.
“The government has also initiated the process in Bangladesh bringing some changes in the relevant laws to ensure quick disposal of trade, business and tax-related cases through ARD,” he added.
While making a presentation on the future of arbitration in Bangladesh, former attorney general Barrister Fida M Kamal said, “Over the last several years, Bangladesh had a consistent economic growth at the rate of more than 6 per cent of its GDP.
“Bangladesh is now poised to further growth where substantial investments in infrastructure development, readymade garments (RMG) and its linkage industries are expected,” he said.
Fida M Kamal said, “In this scenario, disputes arising out of these emerging business transactions will require quick and efficient resolution to the reasonable satisfaction of all parties concerned. Arbitration is more likely to be called in to render services in this regard.”
“Millions of business-related cases remained pending with the relevant courts over the years. The procrastination in the settlement of cases is discouraging both local and foreign investors. Investment in the country will rise if such cases are disposed of promptly in compliance with an effective ADR system,” said DCCI President Hossain Khaled while conducting the seminar.
He said a mandatory alternative dispute resolution system in tax, VAT, and trade and business should be in place so that the litigants could get justice within in a short time.
“This will also help reduce backlog of cases in the court,” he added.
While speaking at the seminar as chief guest, BIAC Chairman Mahbubur Rahman said that there is no alternative but to make mandatory alternative dispute resolution in disposing of both the civil and criminal cases to reduce the huge backlog of pending cases at lower courts and the Supreme Court.
“The system will help save time and money, and there will be a win-win possibility for both the parties to a case,” he added.
Legal experts and business leaders at a seminar on Saturday stressed the need for making alternative dispute resolution (ADR) mandatory to rezduce the huge backlog of cases through out-of-court settlement.
They said the move will ensure quick recovery of thousands of crores of taka now stuck in lengthy court procedures with the Artha Rin Adalat (money loan court) arose from the trade, commerce and tax-related disputes.
“The unsettled court cases related to trade, business and taxes are on the gradual rise. So, the government has initiated steps to ensure quick disposal of such cases through ADR,” said Law, Justice and Parliamentary Affairs Minister Anisul Huq the DCCI auditorium in the city.
The minister, also an eminent jurist, came up with the observation while addressing the seminar on “The Role of SARCO (SAARC Arbitration Council) as an Arbitration Centre in the Region.”
Jointly organised by Bangladesh International Arbitration Centre (BIAC), Dhaka Chamber of Commerce and Industry (DCCI) and SARCO, the seminar was conducted by DCCI President Hossain Khaled.
SARCO Director General Thusantha Wijemanna made a power-point presentation on “Importance of SARCO as Regional Arbitration Centre.”
The Law Minister said that though the system (ADR) is informal, it recognized globally for effective outside-court settlement process.
It has also proven success in many countries downsizing the number of civil, criminal and business-related cases.
“The government has also initiated the process in Bangladesh bringing some changes in the relevant laws to ensure quick disposal of trade, business and tax-related cases through ARD,” he added.
While making a presentation on the future of arbitration in Bangladesh, former attorney general Barrister Fida M Kamal said, “Over the last several years, Bangladesh had a consistent economic growth at the rate of more than 6 per cent of its GDP.
“Bangladesh is now poised to further growth where substantial investments in infrastructure development, readymade garments (RMG) and its linkage industries are expected,” he said.
Fida M Kamal said, “In this scenario, disputes arising out of these emerging business transactions will require quick and efficient resolution to the reasonable satisfaction of all parties concerned. Arbitration is more likely to be called in to render services in this regard.”
“Millions of business-related cases remained pending with the relevant courts over the years. The procrastination in the settlement of cases is discouraging both local and foreign investors. Investment in the country will rise if such cases are disposed of promptly in compliance with an effective ADR system,” said DCCI President Hossain Khaled while conducting the seminar.
He said a mandatory alternative dispute resolution system in tax, VAT, and trade and business should be in place so that the litigants could get justice within in a short time.
“This will also help reduce backlog of cases in the court,” he added.
While speaking at the seminar as chief guest, BIAC Chairman Mahbubur Rahman said that there is no alternative but to make mandatory alternative dispute resolution in disposing of both the civil and criminal cases to reduce the huge backlog of pending cases at lower courts and the Supreme Court.
“The system will help save time and money, and there will be a win-win possibility for both the parties to a case,” he added.
