Bangladesh International Arbitration Centre (BIAC) hosted its Members Meet and Greet on December 8, 2024, at its Dhaka venue. The event served as a valuable platform for members to connect, collaborate, and engage in meaningful discussions, fostering a stronger sense of community within BIAC.
The occasion was graced by the presence of Mr. Justice A.F.M. Abdur Rahman, Former Justice of the High Court Division, Supreme Court of Bangladesh, who attended as the Guest of Honor. Special speakers included Dr. Khaled Hamid Chowdhury, Barrister-at-Law and Advocate at the Appellate Division of the Supreme Court of Bangladesh, and Mr. Mohammed Forrukh Rahman, Barrister-at-Law and Advocate at the Appellate Division of the Supreme Court of Bangladesh. Additionally, numerous esteemed legal professionals were in attendance, contributing their insights to key issues addressed during the event.
Discussions highlighted significant gaps in the existing Alternative Dispute Resolution (ADR) framework. Participants noted the lack of comprehensive guidelines on confidentiality in ADR processes and pointed out that Section 89A of The Code of Civil Procedure 1908 does not clearly define the training and standards required for mediators. Furthermore, the absence of a Mediation Act was identified as a pressing issue, emphasizing the need to promote mediation and encourage a shift in practitioners’ mindsets toward adopting it as a viable dispute resolution method.
The efficacy of ADR within the judicial system was also scrutinized. It was observed that ADR remains underutilized, with many litigants unaware of its benefits. To address this, BIAC was encouraged to launch grassroots-level initiatives, particularly targeting compoundable cases. Public awareness campaigns were deemed essential to making ADR more accessible and understandable to the general population.
The need to expand BIAC’s panel of arbitrators and mediators was emphasized, with suggestions to include a broader range of professionals and ensure the availability of contact details for efficient communication. Concerns were also raised about the ineffectiveness of current arbitration practices under the Arbitration Act, highlighting the need for reform.
Affordability and accessibility of BIAC’s services emerged as key challenges. There is a perception that arbitration and mediation services offered by BIAC are expensive. To counter this, it was proposed that a pilot program be introduced to provide affordable services, making ADR accessible to a wider audience. Marketing initiatives were also recommended to raise awareness about the affordability and availability of BIAC’s services.
Finally, the importance of specialized training and standardized processes was discussed. BIAC was encouraged to provide training on award and judgment writing in ADR cases. Introducing model contracts was seen as a way to streamline arbitration and mediation processes, thereby enhancing overall efficiency.
The event not only facilitated these insightful discussions but also provided an excellent platform for members to share experiences, exchange ideas, and explore opportunities for future collaboration. BIAC looks forward to organizing more such events, which will continue to unite professionals from various sectors, thereby strengthening and expanding the BIAC community.