Alternative Dispute Resolution vital in today’s corporate world
L-R: US Department of Commerce, Commercial Law Development Programme Legal Advisor Cristen Bauer, International ADR Centre, Sri Lanka Chairman Dr. K. Kanag-Isvaran PC and US Embassy Deputy Economic Unit Chief Luis G. Salas. Pic by M.A. Pushpa Kumara
Amidst the global challenges there is a need for increased use of Alternative Dispute Resolution (ADR) as a mechanism and the establishment of their centres to contribute to the development of the countries and this region.
Delivering the keynote address on “ADR as a Building Block for Resilient Economies” in Colombo, the International ADR Centre, Sri Lanka Chairman Dr. K. Kanag-Isvaran PC stated that as an ADR centre they can contribute to the development of their own economies and for the development of ‘our areas’ and the region as a whole.
He explained that today they were faced with a number of challenges arising out of the pandemic, the war in Ukraine, climate change among others.
These challenges have thrown up disputes of both a commercial nature and otherwise.
The South and Central Asia Alternative Dispute Resolution Symposium held at the Taj Samudra in Colombo on Friday was part of a 3-day programme. The first session of the day’s symposium focused on the opportunities, challenges and priorirites for ADR in South and Central Asia.
Bangladesh International Arbitration Centre General Manager Mahbuba Rahman Runa said that while Bangladesh has been struggling with the ADR mechanism in place she pointed out that despite policies for ADR no steps have been taken to implement them.
During the discussion one of the speakers Singapore International Media Centre Counsel Siddharth Jha said that they have found that there are still issues pertaining to clauses. The simple solution is to create awareness of ADR.
IADR Centre Sri Lanka Secretary General, Director, Dhara Wijayatilake said that training is of essence to eliminate the opportunities of mistakes. She pointed out that without the proper training ‘you’ will kill both arbitration and mediation since special skills are required in carrying out this mechanism.
She pointed out that despite mediators being trained “but I can’t say they are practicing mediation as we know it today”.
She noted that in this respect the state has an obligation to provide for better dispute resolution.
Sri Lanka will be going ahead with signing the Singapore Convention on Mediation, she said. This is formally the United Nations Convention on International Settlement Agreements Resulting from Mediation adopted on December 20, 2018.
Centre for International Investment and Commercial Arbitration Pakistan Counsel and Partner at 1207- Partners Siddhath Jha highlighted that Pakistan had not signed on the Singapore Convention but had come up with its own ADR.
While the Singapore Convention is focused on mediator settlement, Pakistan has done almost the same trying with a court mandated mediator, Mr. Jha explained adding that as per court rules 2021 parties have to have an amicable resolution.
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