BIAC-a center for alternative dispute resolution

[farzanamili]

Bangladesh International Arbitration Centre is the first international arbitration institution of the country. It is registered as a not-for-profit organization and commenced operations in April 2011 under a license from the Government. Three prominent business Chambers of Bangladesh, namely, International Chamber of Commerce-Bangladesh(ICC-B), Dhaka Chamber of Commerce & Industry(DCCI) and Metropolitan Chamber of Commerce & Industry(MCCI), Dhaka are sponsors of BIAC. The International Finance Corporation (IFC) – the private sector arm of The World Bank – with funds from UK Aid and European Union, is supporting BIAC in the initial stages under a co-operation agreement. BIAC provides a neutral, efficient and reliable dispute resolution service in this emerging hub of South Asia’s industrial and commercial activity. BIAC introduced its Arbitration Rules in April 2012. These Rules incorporate some of the leading developments in domestic and international arbitration, while conforming to the Bangladesh Arbitration Act 2001. BIAC is renowned for its first-rate, state-of-the-art arbitration facilities, experienced panel of independent arbitrators and excellence in serving its clients. Discover from the following posts why businesses increasingly choose to arbitrate in BIAC.

[riaduzzaman]

Very helpful.

[safiullah]

People are not very much aware regarding the matter (ADR). It is the demand of time to get people involved with this system.

[farzanamili]

yes Sir, Now government is trying to make people acquainted with this system. As a representative of institutional mechanism, BIAC is giving regular training to personnel involved in various arena, such as, lawyer, teachers, bank officials, insurance officials. By these trainings people know more about ins and outs of alternative dispute resolution. The rest is involved with practical dispute resolution.

[farzanamili]

Advanced Arbitration Training (14-19 Dec)

Due to unavoidable circumstances, BIAC is obliged to reschedule the ‘Advanced Arbitration Training’ to 16-20 March 2014  (originally planned for 14–19 December 2013). This Advanced Arbitration Training is organized by Bangladesh International Arbitration Centre (BIAC) in association with experienced trainers from Washington DC-based International Law Institute (ILI). This training is for limited participants. Those who have interest in arbitration will be eligible to apply for the Advanced Arbitration Training.

            As our preferred hotels (Ruposhi Bangla and Sonargaon) will remain fully booked for the T20 World Cup, we have made arrangements for this training at Hotel Sarina, Plot # 27, Road # 17, Banani C/A, Dhaka-1213.  However, we will ensure that our participants are equally comfortable at this Hotel.

Date: 16-20 March 2014

Time: 9:30 am to 5:00pm

Venue:  Hotel Sarina, Plot # 27, Road # 17, Banani C/A, Dhaka-1213.

Trainer: Joseph R. Profaizer and Carlos I. Davila

 

For further queries including registration & course fee, please contact:

BIAC

Ph: 964-1071, 964-1072 (please note BIAC’s new phone/fax numbers)

Fax: 964-1074; E-mail: info@biac.org.bd

 

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facebook page: https://www.facebook.com/pages/Bangladesh-International-Arbitration-Centre-BIAC/251731951529106?sk=info

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1. What is arbitration? What are its advantages?

Arbitration is a consensual method of dispute resolution outside the court system by one or more (usually three) independent and neutral arbitrators which the parties agreed voluntarily. The arbitral award is final and binding and is enforceable as a court’s decree. If the country where the award is given is a contracting state of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (also known as the New York Arbitration Convention), it may be enforced in any of the 148 countries that are members.

Advantages of Arbitration:

a. When subject matter of a dispute is highly technical, a party may choose an arbitrator with appropriate degree of specialization – this choice is not available in the court system.
b. Arbitral proceedings and awards are generally private and confidential.
c. Arbitration has greater degree of flexibility and ensures parties’ independence.
d. Arbitration generally leads to faster resolution of a dispute, than is available in a court.
e. Arbitral award is enforceable beyond the boundary of the state where the hearing is held – i.e., within any of the 148 New York Arbitration Convention countries.

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2. Can I arbitrate a dispute when there is no arbitration clause in the relevant agreement?

Yes, if all parties to the dispute sign an agreement to arbitrate. It is advisable to have the arbitration agreement signed before the dispute has arisen, preferable in a suitable clause in the original contract.
Secondly, the dispute must be an arbitrable one.
According to section 9(2) of Arbitration Act of 2001, an arbitration agreement shall be in writing. An arbitration agreement shall be deemed to be in writing if it is contained in- (a) a document signed by the parties; (b) an exchange of letters, telex, telegrams, fax, e-mail or other means of telecommunication which provide a record of the agreement; or (c) an exchange of statement of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other.

source: BIAC

[farzanamili]

3. What is the difference between arbitration and litigation?

Litigation is a lawsuit, heard and adjudicated in court by judge(s). Arbitration, on the other hand, is the outcome of an agreement between two or more parties to a contract to resolve a dispute through a specific process outside of the courts. In arbitration, the disputant parties nominate one (or, three) neutral and independent arbitrator(s). It is responsibility of arbitrator/ arbitrators to examine claims and counter claims, to hear witnesses, to peruse evidence and to arrive at a decision known as an arbitral award. Unlike in litigation, the rights of appeal are limited in arbitration. Arbitral award is enforceable as a decree of court if the time for making an application to set aside the arbitral award under section 42 of the Arbitration Act 2001 has expired, or such application having been made has been refused (section 44 of the Arbitration Act 2001). The basic purpose of arbitration is to resolve certain types of disputes speedily, with confidentiality and by the parties’ chosen arbitrator(s).

source: BIAC

[farzanamili]

4. How do I know if I can choose arbitration instead of going to court?

As a first step, look at the contract. For example, a partnership contract may have an arbitration clause, which describes the scope of arbitration in the event of a dispute arising out of or in connection with the contract. In theory, even without such a clause in the agreement, the parties (not one party alone) may agree to opt for arbitration to resolve the dispute. In practice, however, once a dispute has arisen, it usually becomes difficult for parties to agree on any issue; hence, it is always advisable to conclude such agreement prior to any dispute.

source:BIAC

[farzanamili]

5. What types of disputes can be arbitrated?

Almost all types of civil disputes can be arbitrated. This includes contractual disputes, shareholder disputes, commercial disputes, family disputes, tort, etc. In some countries, a few categories of criminal cases are also resolved through arbitration. It is always advisable to check with your counsel to determine if the case is suitable for arbitration.

source: BIAC

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6. What are the benefits of arbitration?

Arbitration provides distinct advantages over court litigation.

Arbitration is a private method of settling disputes; parties can tailor the arbitration proceeding in the manner they choose. For example, parties involved in arbitration can agree to limit the number of witnesses each side will present, set parameters on the amount and type of evidence that will be presented, and pre-determine what issues the arbitrator’s award should cover.

Another important advantage of arbitration is that in arbitration the parties can choose their arbitrator(s) having experience in the subject matter of the dispute. If the parties had gone to court, it is uncertain if the judge dealing with their case would have expertise or experience in areas/ matters of the dispute. The arbitrator’s knowledge allows for a quick, in-depth analysis of the issues, which in turn saves time and expense.

Unless parties decide otherwise, arbitration hearings are confidential and the decisions reached are generally not matters of public knowledge. On the other hand, court proceedings are generally in the public domain. The companies involved may not want the public to be aware of the details of their business dealings.

Arbitration Award is final and binding on both the parties. A party may challenge an Arbitration Award on very limited grounds. Usually, courts have very limited scope to set aside an Arbitral Award.

Finally, unlike court’s order, Arbitration Award is enforceable in 148 countries around the world, if the place of arbitration occurs within a country which is signatory to New York Convention.

 
source:BIAC

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7. Are there any disadvantages in arbitration?

In arbitration, parties must ensure that all the required documents, evidences and witnesses are submitted; otherwise, their case may suffer. Secondly, an arbitration award is very difficult to set aside on appeal. This can be a serious problem for a party that is not prepared for a decision against it. Arbitration can sometimes be as expensive as court litigation. However, since the parties are in control of the arbitration process, they may design it in a way to prevent lengthy extensions and also contain costs.

source:BIAC

[farzanamili]

8. What rights do I have in arbitration?

Where a three-member arbitral tribunal is agreed in advance, each side has the right to nominate one arbitrator, and the two arbitrators thus nominated finally select the presiding arbitrator. Where the two arbitrators are unable to agree on a third arbitrator, the rules of the place of arbitration will specify how the presiding arbitrator is to be chosen. Usually, these three arbitrators constitute an Arbitral Tribunal and the Tribunal jointly conducts hearing (usually with lawyers’ assistance), examines witnesses and evidences and render arbitration award. Parties may also agree to conduct arbitration by a sole arbitrator instead of three; the parties have to agree on the selection of the single arbitrator. Any party mat challenge the nomination of an arbitration by another party, on specific grounds.

source:BIAC

[farzanamili]

9. How do I choose an Arbitrator?

Where the number of arbitrator is one, both parties must agree on the single arbitrator. Where the number of arbitrators is three, each party has an opportunity to choose one arbitrator. In choosing an arbitrator, several considerations are relevant. For instance, what is the reputation of the person, whether he has experience/ expertise in the subject, does he command confidence, will he be available during arbitration hearing, is he likely to represent your interests effectively even though he is expected to be neutral, etc. The Chartered Institute of Arbitrators has guidelines, including on the type of admissible contacts between the party and the proposed arbitrator before his appointment. Every Arbitration Centre maintains a list or panel of arbitrators, comprising of qualified individuals, their expertise and schedule of fees. Parties may also consult such a list before selecting one as an arbitrator. However, parties are free to choose their arbitrator(s) outside such a list.

source: BIAC