Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh

Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh

This study examines the mechanism of arbitration and mediation to settle corporate disputes in Bangladesh. This study intends to create awareness among the Bangladeshi corporations of the importance of addressing arbitration and mediation to settle corporate disputes. Currently there are around 2.3...

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Main Author: Rashid, Md Mamonor
Format: Thesis
Language:eng
eng
Published: 2016
Subjects:
K Law (General)
Online Access:https://etd.uum.edu.my/6299/1/s815250_01.pdf
https://etd.uum.edu.my/6299/2/s815250_02.pdf
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id my-uum-etd.6299
record_format uketd_dc
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
advisor Abdul Rahman, Rohana
topic K Law (General)
spellingShingle K Law (General)
Rashid, Md Mamonor
Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh
description This study examines the mechanism of arbitration and mediation to settle corporate disputes in Bangladesh. This study intends to create awareness among the Bangladeshi corporations of the importance of addressing arbitration and mediation to settle corporate disputes. Currently there are around 2.3 million backlog of cases pending in the courts of Bangladesh. It is extremely crucial to clear off these backlog of cases, but so far the courts are unable to provide a satisfactory settlement of the cases, causing endless suffering to the litigants. The objective of this study is to examine the role of arbitration and mediation in providing alternative mechanisms to settle corporate disputes in Bangladesh. This study analyses the provisions of laws specially the Arbitration Act 2001, and the Code of Civil Procedure 1908 regarding arbitration and mediation in Bangladesh. The data of this study was analyzed through the historical, analytical, philosophical and comparative approaches. The findings show that the arbitration and mediation mechanisms provide the following positive characteristics: quicker, convenient, confidential, less procedural, cost effective and enforceable by the court; on the other hand, extensive delay, huge costs, harassment of the parties and the huge backlog of cases that could lead corporate or commercial parties not to go to the courts were negative. The study concludes that the use of the arbitration and mediation mechanisms is the preferred way to settle corporate or commercial disputes in Bangladesh. However, implementation of the arbitration and mediation mechanisms to settle corporate disputes in Bangladesh can only be successful if there is sufficient government support and regulation, professional ethics, relevant training and facilities.
format Thesis
qualification_name other
qualification_level Master's degree
author Rashid, Md Mamonor
author_facet Rashid, Md Mamonor
author_sort Rashid, Md Mamonor
title Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh
title_short Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh
title_full Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh
title_fullStr Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh
title_full_unstemmed Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh
title_sort arbitration and mediation as a mechanism to settle corporate dispute in bangladesh
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2016
url https://etd.uum.edu.my/6299/1/s815250_01.pdf
https://etd.uum.edu.my/6299/2/s815250_02.pdf
_version_ 1747828055149117440
spelling my-uum-etd.62992021-04-19T06:39:10Z Arbitration and mediation as a mechanism to settle corporate dispute in Bangladesh 2016 Rashid, Md Mamonor Abdul Rahman, Rohana Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government K Law (General) This study examines the mechanism of arbitration and mediation to settle corporate disputes in Bangladesh. This study intends to create awareness among the Bangladeshi corporations of the importance of addressing arbitration and mediation to settle corporate disputes. Currently there are around 2.3 million backlog of cases pending in the courts of Bangladesh. It is extremely crucial to clear off these backlog of cases, but so far the courts are unable to provide a satisfactory settlement of the cases, causing endless suffering to the litigants. The objective of this study is to examine the role of arbitration and mediation in providing alternative mechanisms to settle corporate disputes in Bangladesh. This study analyses the provisions of laws specially the Arbitration Act 2001, and the Code of Civil Procedure 1908 regarding arbitration and mediation in Bangladesh. The data of this study was analyzed through the historical, analytical, philosophical and comparative approaches. The findings show that the arbitration and mediation mechanisms provide the following positive characteristics: quicker, convenient, confidential, less procedural, cost effective and enforceable by the court; on the other hand, extensive delay, huge costs, harassment of the parties and the huge backlog of cases that could lead corporate or commercial parties not to go to the courts were negative. The study concludes that the use of the arbitration and mediation mechanisms is the preferred way to settle corporate or commercial disputes in Bangladesh. However, implementation of the arbitration and mediation mechanisms to settle corporate disputes in Bangladesh can only be successful if there is sufficient government support and regulation, professional ethics, relevant training and facilities. 2016 Thesis https://etd.uum.edu.my/6299/ https://etd.uum.edu.my/6299/1/s815250_01.pdf text eng public https://etd.uum.edu.my/6299/2/s815250_02.pdf text eng public other masters Universiti Utara Malaysia Alexander, Nadja Marie. Global trends in mediation. Vol. 1. Kluwer Law International, 2006. Acland, A. F. "Managing Conflict Through Mediation." 1990. Akhtaruzzaman , Md. "Conflict Resolution: Introducing ADR in Criminal Justice Administration in Bangladesh," Journal of 10th Human Rights Summer School (ELCOP), 2009 Akhtaruzzaman, Md. "Concept and Laws on Alternative Dispute Resolution and Legal Aid," (70, University market, katabon, Dhaka), 2007. Ahmed, Rajin. 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