Alternative ways to Keep Disputes Out of Court:
Dispute settlement is a very important tool for any business, contracts or agreement. There are two main ways of dispute settlement that we operate with, arbitration and litigation. Even though, arbitration and mediation are two very different tools of dispute settlement, they are still built on the same base of non-governmental dispute resolution.
Team CLP here to assist you with its immense experience in this field by drafting a contract that will ensure your rights if any dispute arise the point of arbitration or litigation. CLP team draft a contract that contains a Mandatory ADR provisions to insure that you do not end up in the time consuming and expensive process of resolving your disputes in our judicial system and there is as slight ambiguity as possible to ensure that our client does not suffer from any misjudgment due to vagueness, incorrect technical terminologies, or loopholes in the agreements or contracts.
Constantly team CLP are assured to deliver the paramount and most on point evidence that we can to guarantee that our client has the upper hand during the dispute settlement.
Alternative Disputes Regulation (ADR)
(ADR) is a standard concept in today’s great stakes, competitive, and expensive commercial litigation industry. The justice seekers of Bangladesh are frequently harassed in the area of courts. In this respect, ADR comes to make them harassment free within the process of informal and formal systems. Any kinds of dispute can be solved by the arbitration except the criminal cases. Even the commercial dispute can be solved through ADR. Agreement of the contesting parties shows on which law and principal on which the arbitrator settles the matter. Alternative Dispute Resolution (ADR) is a remedy that can be used to help you resolve your business disputes without litigation. It is a good idea to have an alternative dispute resolution CLP advises you on how to resolve your business disputes, so you can minimize your time at the courthouses. The most common forms of ADR for civil cases are conciliation, mediation, arbitration, neutral evaluation, settlement conferences and community dispute resolution programs.
Application of Alternative Dispute Resolution (ADR)
ADR can be a somewhat formal process of mediation in which the parties meet, jointly and separately, with a mediator, who tries to help them reach a mutually agreeable resolution to their dispute without resorting to litigation. The mediator behaves as a go-between. He or she presents proposed solutions and counter-offers to the parties. None of the mediator’s suggestions are legally binding. The mediator does not make the decisions for the parties.
Arbitration can be “binding” or “non-binding.” Binding arbitration means the parties present their case to an arbitrator chosen by the parties and have that arbitrator decide who wins. If there is a binding arbitration clause in a contract, the matter must proceed to arbitration and there is no trial.
Non-binding arbitration means the parties can request a trial if they don’t accept the arbitrator’s decision. Some courts will impose costs and fines if the court decision is not more favorable than that awarded in arbitration. Non-binding arbitration is progressively infrequent.
Nowadays people are dependent on the free movement of trade and investment. Arbitration is one of the most common ways of settling a dispute between parties without having to recourse to the time consuming, costly and complicated procedure of litigation. Arbitrations generally are intended to streamline the process and decrease the costs when compared to resolving a dispute in court. It is an excellent tool to facilitate international trade and investment as it allows a speedy and cost-friendly way to settle cross- border disputes.
Arbitration is More Beneficial than Litigations in Court
Arbitration is the most formal alternative to litigation which has often been seen as a cheaper way to resolve disputes, on average, than litigating in court with some exceptions; arbitrations tend to follow more specific and defined timelines toward resolving. A dispute and arbitrators do not always face crowded work and caseloads, resulting in quicker final decisions.
However, often arbitrators are selected by agreement of both parties, by a third party arbitration service, or via an outlined method where input is allowed from both parties. This means that no single party controls the process
Team CLP deals a diverse expertise in arbitration process as it handles both domestic and international arbitration process. CLP assists its clients with alternative modes of resolving disputes by taking part in negotiation, mediation and arbitration proceedings.CLP deals with disputes in a professional manner to enable their client with cost control and time management services. The law firm has in depth training and knowledge in Alternative Dispute Resolution with super trained Barrister and Advocates.
Team CLP at Gulshan in Dhaka Bangladesh represents global businesses on litigation, arbitration and mediation matters. Our arbitration practice is recognized in the business world. We are involved in many types of arbitration whether commercial arbitration or investor-state arbitration.
Arbitration Process Under The Law Of Bangladesh
The provisions of ADR are common in different laws of Bangladesh but not consolidate and the ADR system is not institutionalized in Bangladesh.
ADR and the CPC: Sections-89A and 89B
ADR and the CPC: Sections-89A and 89B of the CPC deals with the ADR systems under the Code of Civil Procedure. Though, Order 23 of the C P C also discusses on the issue. ADR and the Arbitration Act, 2001 deliberates on the contractual obligations where any provision of the contract states the settlement of the dispute between the parties through arbitration. No Court can try such matter without sending it to the Arbitration Tribunal.
ADR and the Cr P C: Section-345
ADR and the Cr P C: Section-345 of the Code of criminal Procedure and also Schedule-II of the Code deliberates on the ADR system on criminal offences with or without the consent of the Court. The offence for which arbitration is possible is known as compoundable offences.
ADR and the Family Court Ordinance
Concerning marriage, divorce, maintenance, dower etc. the parties to the disputes may go to the Family Court who shall try to resolve the issues through ADR and failure of which the procedure may continue.
ADR and the Artha Rin Adalat Ain
In the Artha Rin Adalat Ain, 2003 there is a provision of determining the dispute through settlement conferences or arbitration or mediation at the initial stage or even in the appeal. The provisions of settlement conference are now repealed but Mediation is made compulsory.
ADR and the Negotiable Instrument Act, 1881
If any cheque is dishonored, a criminal case can be filed under this Act. After filing the case both the parties may settle the issue through negotiation and withdrew the case with the permission of the Court. ADR and the Insurance Act: There is a provision of ADR on all insurance related matters among the insurer and the insure under the Insurance act, 1938,The insured amount and fixing of the damages in case of fire or marine insurance are commonly settle by the ADR.
How CLP help its client in an ADR Case
CLP provides the Legal support throughout an ADR case which is the need for an alternative. However, in most of the different methods available, the CLP lawyer is in the process for assist and advice and will help in avoiding either litigation or violations of state laws to ensure the best possible outcome for their client.
Mediation is more formal but still leaves control of the outcome to the parties. The objective of mediation is for an impartial third party to assist disputants come to a consensus on their own. An impartial mediator helps the parties try to reach a mutually acceptable resolution to their dispute. Mediation can be effective at allowing parties to vent their feelings and fully explore their complaints.
Not every lawyer will bring the right mindset to mediation. You should make sure to choose a lawyer who believes in the process and understands the importance of compromise. Ideally, the lawyer should have worked with clients in mediation before. CLP’S arbitration lawyers are always impartial for all types of mediation cases to give expert advice and decision to our clients. Doing business in today’s complex economy requires careful financial planning and sound business practices, but it also requires awareness of legal hazards and effective plans for protection against them. For example mediation in divorce, where both parties will have the opportunity to discuss everything to attempt to resolve the arguments.In some of these situations, the spouses may reconcile if all conflict resolves amicably and both parties feel resuming the marriage is best.
Mediation can be the suitable ADR form if:
- Both the parties are desirous of avoiding trial
- You believe an honest and fruitful discussion with the other party
- None of the parties have solid and well-supported positions in the dispute
- You want to collaborate and cooperate.
Arbitration can be the more suitable form of ADR if:
- Both the parties want to avoid the costs and expenses related with trial
- Both the parties have not had productive negotiations regarding the resolution of your dispute
- There is disagreement between both the parties
Appeal against Arbitration award
Arbitration rewards are mostly concluding when the arbitrator judges the claim and applies a verdict to the proceedings for all parties involved in the circumstances. Arbitration awards are usually final once the arbitrator judges the claim and applies a decision to the proceedings for all parties involved in the situation. There are times when an appeal is possible, and it is important to know when the person awarded damages may seek a greater amount in compensation from his or her incident. When the parties involved determine that an appeal’s process should occur even in a binding decision, this is available after the judgment occurs. However, most arbitration does not permit any appeal because the binding methods do not have any changes in the outcome. It is important to know whether the victim will need an appeal for any reason before submitting to the proposed process in arbitration.
When an appeal is necessary due to an unreasonable outcome, the decision to appeal this revolves around the arbitrator. Whatever he or she determined as an award or outcome will face assessment on the merits of the decision. If the solution was fair or valid is important in these situations. Any reversal of an arbitrator’s judgment is rare and only occurs when the court involved believes that the award was not fair in any manner.
Arguing for an Appeal
When build up the arbitration rules and forms that the two parties will pursue, it might wind up important to argue in support of or against an appeal process. In the event that the If the defending party has a similar chance to do as such, the offended party may locate a coupling result turned around entirely. In any case, if the awards gained are excessively little, the offended party may not recuperation completely from the occurrence. A few decisions may not request a requirement for an intrigue. In the event that the two parties need a remedy, for example, a stop or cease for specific activities, and apply may just complicate matters.
Legal Support in an Appeal in Arbitration by CLP
If the opposite entity is engaging in unfair practices, an appeal to a negative judgment could reverse this. In that case team CLP provides the client best promising advice to seek the best result. Whether you need assistance determining your dispute is a good applicant for ADR or you need representation to ensure your legal rights are protected while you participate in arbitration or mediation, CLP at Gulshan in Dhaka Bangladesh as an experienced and dedicated law firm can help you achieve satisfactory results without incurring the costs associated with litigation.
The Firm offers widespread and impressive customized services to a diverse portfolio of national and international commercial investment, industrial, and financial clients. Furthermore the Team CLP is well experienced with all post-arbitration procedures, including judicial review and enforcement and recognition of awards.
As a brief CLP’s Arbitration law practices and services include the following:
- Construction & Real Estate
- Oil & Gas,
- Banking & Finance,
- Tourism & Leisure,
- Mergers and Acquisitions,
- Anti-trust, Agency & Distribution
- Transport, joint ventures,
Pharmaceuticals, and insurance & reinsurance transactions and disputes, etc.
Litigation is the term used to describe proceedings initiated between two opposing parties to enforce or defend a legal right. Contrary to popular belief, litigation is not simply another name for a lawsuit. CLP has various professional from different areas of technical expertise in addition to Barrister Advocates and heavy-dutiful dynamic litigation team who are expert in drafting technical parts of the agreements and contracts which is an obvious requirement of legal drafting. We have also a team of well skilled attorneys and counselors who are highly specialized in litigation cases in judge court and Supreme Court of Bangladesh. Whether the cases may be civil or criminal, our team handles such cases with the utmost professionalism. We are experienced in the settlement of disputes in relation to negotiable instruments, resolution of commercial, financial and banking disputes, litigation before civil and criminal courts and supervising and co-coordinating litigation in international jurisdictions. Litigation proceedings in criminal or civil are always a hassle to the clients; we believe that it is absolutely necessary to make their experience as hassle-free as possible.
Constantly CLP choose a perfect team in every case with the required experience, expertise and understanding to ensure we deliver the premier quality of outputs and achieve our client’s goals.
CLP also work on criminal cases, on which our team of attorneys and counselors effort very faithfully together and bit their experience in knowledge of the law and courtroom strategies in order to receive the best service and ensure that our client reach the get the proper verdict. Our firm also has the capability of supervising litigation in jurisdictions within different countries and coordinating with our associate law firm, to deliver the best service to our clients.
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