‘South Asia’s ADR needs reform for economic development’

Legislative reforms need to come about in South Asia's alternative dispute resolution (ADR) spectrum for overall economic development, stressed the region's apex court judges, heads of ADR institutions and lawyers at a webinar. 

Styled "ADR Landscape in the South Asia Region: Suggested Reforms", the webinar was virtually organised by Bangladesh International Arbitration Centre (Biac) and the Indian Institute of Arbitration & Mediation (IIAM) on Sunday, says a press release.

There is a huge pile up of cases before the courts, especially across Bangladesh, India and Pakistan for many reasons, said Biac Chairman Mahbubur Rahman.

The region's governments need to appreciate the situation and come up with reforms in their judicial systems to help flourish their economies by attracting more foreign direct investments to their states, he said.

New technologies should be used for the ADR in tune with the "new normal" amidst the pandemic, said Biac Chief Executive Officer Muhammad A Rumee Ali.

He urged the nations to come up with legal reforms to achieve the 16th Sustainable Development Goal (SD) of "Access to Justice".

Adoption of the ADR should be made mandatory, said AFM Abdur Rahman, a former High Court judge of Bangladesh.

"We sought support from governments for encouraging mediation as a dispute resolution tool at all levels," said Madan Bhimarao Lokur, a former Indian Supreme Court judge.

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

"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," said Rana Sajjad, president of the Center for International Investment & Commercial Arbitration, Pakistan.

"Nepal has a complete set of ADR legislation," said Matrika Niraula, managing director of Nepal International ADR Center.

"With its ADR supportive policies and institutional setup, Nepal will grow as the preferred venue for resolving disputes in a naturally peaceful and supportive environment," he said.

"The pandemic has taught us that we are now in an era where there are no boundaries in co-operation and communication," said Shehara Varia, director of CCC-ICLP Alternate Dispute Resolution Center, Sri Lanka.

"We should therefore use all opportunities to make the South Asian region the most sought after for ADR," she said.

Giving an account of the activities and challenges faced by her institution, Tashi Dema, senior legal officer of Bhutan Alternative Dispute Resolution Centre, said Bhutan has recently initiated an initiative in view of the ADR landscape in the South Asia region.

Juna Ahmed, attorney at law, from SHC Lawyers, the Maldives, shared insights about the Maldivian ADR landscape which was fairly new and still in the development stage.

IIAM President Anil Xavierspoke at the programmewhereIram Majid, director of the IIAM, and MA Akmall Hossain Azad, director of Biac, were present.