SlideShare uma empresa Scribd logo
1 de 3
Baixar para ler offline
Published: 16 August 2020
Shalish model rule for commercial disputes
https://dailyasianage.com/news/238366/shalish-model-rule-for-commercial-disputes
M S Siddiqui
The profession of business is interdependent on many stakeholders such as buyers, seller,
supplier, financials, technologist, resear-chers, government regulators, share-holders and others.
More importantly, business enterprises are part of manufacturing or creating products and
services. This is a kind of relay race.
The concept of supply chain management developed from specialization of job of making
something which again raw materials of other business and finally creating a good or service to
deliver to consumer for consumption. Businesses are dependent on upstream as source of raw
material and dependent on buyer at downstream market. The relationship is not for one day or
cannot develop over night.
The success of one business is part of a supply chain relationship and unable to break and
create now relationship over night. Businesses try to minimize with the partners and prefer to
resolve dispute over certain issues amicably or through Alternative dispute resolution (ADR). The
nature of profession and cost of legal processes encourage the mediation of disputes amicably
under certain rules or conventions.
Businesses try their best to maintain the relationship despite disagreement over certain issues
and try to resolve to continue the relationship. The mediation, a category of ADR is the
appropriate method of resolve the disputed to continue the business transaction. The parties in
dispute also continue the business transactions despite a dispute and mediation process on
certain issues.
The main issue of mediation is determining damages and there is not a critical dispute about
liability or an issue of principle. All the parties in mediation are ready to resolve the issue with
mutually agreed compensation for damages without any legal proceeding in the court.
Unfortunately, Bangladesh has no law for mediation although many developed and developing
countries have such law. We have long tradition of Shalish of many types of disputes in rural
societies. The business communities in many sectors have their own Shalish and conventional
rule usually followed by the member of that business society. It has social and inner community
methods of enforceability without any legal bindings.
Since Bangladesh has no mediation law but has long tradition of Shalish in the society. there
may be consensus on certain rules and regulations based on local and global rules and
practices. There are some global standard procedure and convention of mediation usually
agreed upon by business national and international businesses. It has some general principles
like- (1) The process is non-binding.
Unless the parties otherwise agree, the Mediators shall have no authority to issue an enforceable
award or judgment. (2) The Mediators shall be neutral and impartial. The Mediators shall have no
interest in the outcome of the dispute and have no current or anticipated business or personal
relationship with any party to the dispute.
(3) The process shall be conducted expeditiously. Each party representative will make every
effort to be available for meetings. (4) Parties usually agreed the terms of mediation in the
business contract. (5) If the respondent party has not previously agreed to mediation through a
contract or other agreement, they will agree to certain terms after any dispute arises.
The standard terms of mediation in agreement before any business deal or agreed upon after
any dispute occurs are on Mediator and place of mediation etc. All the parties will nominate
Mediator and disclose their identities to other parties for their acceptance. The acceptance of
Mediators shall be mutual and unanimous.
A party may challenge a Mediator candidate if it knows of any circumstances giving rise to
reasonable doubt regarding the candidate's impartiality. Before appointment, the Mediators will
assure the parties of availability to conduct the proceeding expeditiously. Upon retention of the
mediators, the parties shall enter into an engagement agreement for mediation.
The mediation methods are very formally informal among the Mediators and disputing parties. At
the initial stage the Mediators will sit to discuss the rule and process among themselves and
agreed on certain other issues to follow during mediation. During the mediation, the Mediators
shall take care to maintain a useful and creative joint approach and shall confer privately as may
be necessary and advisable.
Each party will submit to the Mediators a written statement summarizing the background and
present status of the dispute. The parties may agree to submit jointly certain records and other
materials. The Mediators may request any party to provide clarification and additional
information. The parties may also exchanges documents among themselves to opinion of others
and even submit joint statement of facts and figures to the Mediators.
In certain cases, upon the agreement between parties, the Mediators shall keep confidential any
written materials or information that are submitted. At the conclusion of the mediation process,
upon request of a party, the Mediators shall return to that party all written materials and
information which that party had provided to the Mediators without retaining copies, or else certify
that the destruction of such materials.
After the initial hearing from the disputing parties and going through though the documents and
papers the mediators will initiate and facilitate the negotiation for a mutually agreed settlement in
any manner the mediators believe is appropriate. The mediator shall help the parties to explore
alternative resolutions for mutually agreed settlement of the dispute.
Mediators may seek opinion from the parties to determine matters such as preferred subject
matter expertise, time constraints, potential conflicts of interest and geographic location at the
initial stage of mediation. . In case of more than two parties in dispute, if a party withdraws from a
multiparty mediation but the procedure continues with the remaining parties.
There are many standard rule of mediation usually agreed upon by parties and Mediators. The
Chinese mediation rules are very comprehensive and proven to be acceptable in China and
other part of the world.
Some of the rules developed by Chinese are: (1) The Mediators shall control the procedural
aspects of the mediation. The parties shall cooperate fully with the mediators. (2) The Mediators
are free to meet and communicate separately with each party, at the Mediators’ discretion or at
the request of a party.
(3) The Mediators shall decide when to hold joint meetings with the parties and when to hold
separate meetings. The mediators shall fix the time and place of each session and its agenda, in
consultation with the parties. There shall be no record of any meeting.
Formal rules of evidence or procedure shall not apply. (4) If any party has a substantial need for
documents or other information in the possession of another party, or for other information that
may facilitate a settlement, the parties shall attempt to agree to terms for the voluntary provision
of such information. Should they fail to agree, either party may request a joint consultation with
the mediators, who shall assist the parties in reaching agreement.
At the conclusion of the mediation process, upon the request of a party that provided documents
or other material to one or more other parties, the recipients shall return those documents and
materials to the originating party without retaining copies.
(7) Each party must be represented at each mediation conference by a business executive
authorized to negotiate a complete resolution of the entire dispute, unless excused by the
Mediators as to a particular conference. Each party may be represented by a business or legal
consultant. (8) The Mediators may obtain independent expert advice and assistance, with the
prior agreement of and at the expense of the parties.
Even if settlement of all claims and issues is not possible, Mediators may help narrow issues and
claims in the investigation and discuss with the parties the possibility of their agreeing arbitration.
Mediation is a risk-free, inexpensive, confidential and quick mechanism to evaluate whether
settlement can be achieved in these cases.
Bangladesh has an Arbitration law framed with guide line of UN with a provision of enforcement
of arbitration in home and abroad. The experts have some reservation about certain rule and it is
a landmark modern law to resolve international business disputes. Business community may
come to an understanding on rules and methods of mediation until Bangladesh get a mediation
law.
The writer is a legal economist.
Email: mssiddiqui2035@gmail.com

Mais conteúdo relacionado

Mais procurados

Alternative Dispute Resolution in Zimbabwe
Alternative Dispute Resolution in ZimbabweAlternative Dispute Resolution in Zimbabwe
Alternative Dispute Resolution in ZimbabweTendai Chiunya
 
Adr final project
Adr final projectAdr final project
Adr final projectDharmik
 
Alternative dispute resolution
Alternative dispute resolutionAlternative dispute resolution
Alternative dispute resolutionsukanya1234
 
Adr in civil procedure of bangladesh
Adr in civil procedure of bangladeshAdr in civil procedure of bangladesh
Adr in civil procedure of bangladeshM S Siddiqui
 
BUS 115 Chap004 alternative dispute resolution
BUS 115 Chap004 alternative dispute resolutionBUS 115 Chap004 alternative dispute resolution
BUS 115 Chap004 alternative dispute resolutionneogenesis6
 
Alternative Dispute of Resolution Methods
Alternative Dispute of Resolution MethodsAlternative Dispute of Resolution Methods
Alternative Dispute of Resolution Methodswayomi27
 
Conciliation & Mediation
Conciliation & MediationConciliation & Mediation
Conciliation & MediationTuhin Sarkar
 
Arbitration as a method of resolving disputes
Arbitration as a method of resolving disputes Arbitration as a method of resolving disputes
Arbitration as a method of resolving disputes Ishaan Savla
 
Presentation adr 124333
Presentation adr 124333Presentation adr 124333
Presentation adr 124333hammylu7
 
Nvc Fund Holding Trust Transaction Platform 2152019
Nvc Fund Holding Trust Transaction Platform 2152019Nvc Fund Holding Trust Transaction Platform 2152019
Nvc Fund Holding Trust Transaction Platform 2152019FrankEkejija1
 
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in Africa
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaAlternative Dispute Resolution (ADR) as a Mechanism of Peace in Africa
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaChantal Abam
 
Dispute resolution & Grievance Handling
Dispute resolution & Grievance HandlingDispute resolution & Grievance Handling
Dispute resolution & Grievance HandlingGheethu Joy
 

Mais procurados (20)

Mediation and conciliation and companies acts, 2013 - NCLT
Mediation and conciliation and companies acts, 2013 - NCLT Mediation and conciliation and companies acts, 2013 - NCLT
Mediation and conciliation and companies acts, 2013 - NCLT
 
Mediation
MediationMediation
Mediation
 
Alternative Dispute Resolution in Zimbabwe
Alternative Dispute Resolution in ZimbabweAlternative Dispute Resolution in Zimbabwe
Alternative Dispute Resolution in Zimbabwe
 
MEDIATION AND CONCILIATION
MEDIATION AND CONCILIATIONMEDIATION AND CONCILIATION
MEDIATION AND CONCILIATION
 
Mediation and conciliation and companies acts, 2013 - NCLT
Mediation and conciliation and companies acts, 2013 - NCLTMediation and conciliation and companies acts, 2013 - NCLT
Mediation and conciliation and companies acts, 2013 - NCLT
 
Adr final project
Adr final projectAdr final project
Adr final project
 
Alternative dispute resolution
Alternative dispute resolutionAlternative dispute resolution
Alternative dispute resolution
 
Arbitration
ArbitrationArbitration
Arbitration
 
Alternative Dispute Guide & Rules For Ontario
Alternative Dispute Guide & Rules For OntarioAlternative Dispute Guide & Rules For Ontario
Alternative Dispute Guide & Rules For Ontario
 
Adr in civil procedure of bangladesh
Adr in civil procedure of bangladeshAdr in civil procedure of bangladesh
Adr in civil procedure of bangladesh
 
BUS 115 Chap004 alternative dispute resolution
BUS 115 Chap004 alternative dispute resolutionBUS 115 Chap004 alternative dispute resolution
BUS 115 Chap004 alternative dispute resolution
 
Alternative Dispute of Resolution Methods
Alternative Dispute of Resolution MethodsAlternative Dispute of Resolution Methods
Alternative Dispute of Resolution Methods
 
Introduction to Alternative Dispute Resolution (ADR)
Introduction to Alternative Dispute Resolution (ADR)Introduction to Alternative Dispute Resolution (ADR)
Introduction to Alternative Dispute Resolution (ADR)
 
Conciliation & Mediation
Conciliation & MediationConciliation & Mediation
Conciliation & Mediation
 
Arbitration as a method of resolving disputes
Arbitration as a method of resolving disputes Arbitration as a method of resolving disputes
Arbitration as a method of resolving disputes
 
Presentation adr 124333
Presentation adr 124333Presentation adr 124333
Presentation adr 124333
 
Nvc Fund Holding Trust Transaction Platform 2152019
Nvc Fund Holding Trust Transaction Platform 2152019Nvc Fund Holding Trust Transaction Platform 2152019
Nvc Fund Holding Trust Transaction Platform 2152019
 
Project(4)a
Project(4)aProject(4)a
Project(4)a
 
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in Africa
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in AfricaAlternative Dispute Resolution (ADR) as a Mechanism of Peace in Africa
Alternative Dispute Resolution (ADR) as a Mechanism of Peace in Africa
 
Dispute resolution & Grievance Handling
Dispute resolution & Grievance HandlingDispute resolution & Grievance Handling
Dispute resolution & Grievance Handling
 

Semelhante a Shalish model rule for commercial disputes

Resolving Two Alternative Dispute Resolution
Resolving Two Alternative Dispute ResolutionResolving Two Alternative Dispute Resolution
Resolving Two Alternative Dispute ResolutionChelsea Porter
 
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptx
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptxALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptx
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptxAman298462
 
Mediation Process V2 8-4-12
Mediation Process V2 8-4-12Mediation Process V2 8-4-12
Mediation Process V2 8-4-12Al Tetrault
 
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxBUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxfelicidaddinwoodie
 
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxBUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxdewhirstichabod
 
Mediation - Need of the Hour
Mediation - Need of the HourMediation - Need of the Hour
Mediation - Need of the HourJharna Jagtiani
 
ADR-converted.pdf
ADR-converted.pdfADR-converted.pdf
ADR-converted.pdfmallikmaro
 
arbitration, conciliation and alternate dispute resolution methods
arbitration, conciliation and alternate dispute resolution methodsarbitration, conciliation and alternate dispute resolution methods
arbitration, conciliation and alternate dispute resolution methodsShubhamSharma775952
 
Utilizing Alternative Dispute Resolution Tactics in Employment Matters
Utilizing Alternative Dispute Resolution Tactics in Employment MattersUtilizing Alternative Dispute Resolution Tactics in Employment Matters
Utilizing Alternative Dispute Resolution Tactics in Employment MattersWoodrow Glass
 
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)Shyam Anandjiwala
 
Piddington CPD - Mediation - 9 November 2016 Final
Piddington CPD - Mediation - 9 November 2016 FinalPiddington CPD - Mediation - 9 November 2016 Final
Piddington CPD - Mediation - 9 November 2016 FinalAaron McDonald
 
Optional Dispute Resolution
Optional Dispute ResolutionOptional Dispute Resolution
Optional Dispute ResolutionHeidi Owens
 

Semelhante a Shalish model rule for commercial disputes (20)

Resolving Two Alternative Dispute Resolution
Resolving Two Alternative Dispute ResolutionResolving Two Alternative Dispute Resolution
Resolving Two Alternative Dispute Resolution
 
Alternative Dispute Resolution Essay
Alternative Dispute Resolution EssayAlternative Dispute Resolution Essay
Alternative Dispute Resolution Essay
 
Alternative Dispute Resolution Essay
Alternative Dispute Resolution EssayAlternative Dispute Resolution Essay
Alternative Dispute Resolution Essay
 
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptx
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptxALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptx
ALTERNATIVE DISPUTE RESOLUTION - BBA LLB 5th Year.pptx
 
Mediation Process V2 8-4-12
Mediation Process V2 8-4-12Mediation Process V2 8-4-12
Mediation Process V2 8-4-12
 
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxBUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
 
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docxBUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
BUSINESS LAW PAGES 28-55Alternative Dispute ResolutionMa.docx
 
Mediation - Need of the Hour
Mediation - Need of the HourMediation - Need of the Hour
Mediation - Need of the Hour
 
Uk intellectual model
Uk intellectual modelUk intellectual model
Uk intellectual model
 
Arbitation , conciliation
Arbitation , conciliationArbitation , conciliation
Arbitation , conciliation
 
ADR-converted.pdf
ADR-converted.pdfADR-converted.pdf
ADR-converted.pdf
 
arbitration, conciliation and alternate dispute resolution methods
arbitration, conciliation and alternate dispute resolution methodsarbitration, conciliation and alternate dispute resolution methods
arbitration, conciliation and alternate dispute resolution methods
 
Utilizing Alternative Dispute Resolution Tactics in Employment Matters
Utilizing Alternative Dispute Resolution Tactics in Employment MattersUtilizing Alternative Dispute Resolution Tactics in Employment Matters
Utilizing Alternative Dispute Resolution Tactics in Employment Matters
 
Arizona Mediation agreement
Arizona Mediation agreementArizona Mediation agreement
Arizona Mediation agreement
 
Negotiation
NegotiationNegotiation
Negotiation
 
Arbitration
ArbitrationArbitration
Arbitration
 
Arbitration notes
Arbitration notesArbitration notes
Arbitration notes
 
Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution (ADR)
 
Piddington CPD - Mediation - 9 November 2016 Final
Piddington CPD - Mediation - 9 November 2016 FinalPiddington CPD - Mediation - 9 November 2016 Final
Piddington CPD - Mediation - 9 November 2016 Final
 
Optional Dispute Resolution
Optional Dispute ResolutionOptional Dispute Resolution
Optional Dispute Resolution
 

Mais de M S Siddiqui

Tax justice from 100 years old income tax law.pdf
Tax justice from 100 years old income tax law.pdfTax justice from 100 years old income tax law.pdf
Tax justice from 100 years old income tax law.pdfM S Siddiqui
 
How insiders are manipulating Dollar rates.pdf
How insiders are manipulating Dollar rates.pdfHow insiders are manipulating Dollar rates.pdf
How insiders are manipulating Dollar rates.pdfM S Siddiqui
 
Bangladesh’s cross border transaction in Chinese RMB.pdf
Bangladesh’s cross border transaction in Chinese RMB.pdfBangladesh’s cross border transaction in Chinese RMB.pdf
Bangladesh’s cross border transaction in Chinese RMB.pdfM S Siddiqui
 
Ongoing war on semiconductors.pdf
Ongoing war on semiconductors.pdfOngoing war on semiconductors.pdf
Ongoing war on semiconductors.pdfM S Siddiqui
 
Evaluation of Bangladesh’s Data Protection Bill.pdf
Evaluation of Bangladesh’s Data Protection Bill.pdfEvaluation of Bangladesh’s Data Protection Bill.pdf
Evaluation of Bangladesh’s Data Protection Bill.pdfM S Siddiqui
 
Rights of the nominee vis-à-vis legal heirs.docx
Rights of the nominee vis-à-vis legal heirs.docxRights of the nominee vis-à-vis legal heirs.docx
Rights of the nominee vis-à-vis legal heirs.docxM S Siddiqui
 
Bangladesh bank’s rules of export documents require an amendment
Bangladesh bank’s rules of export documents require an amendmentBangladesh bank’s rules of export documents require an amendment
Bangladesh bank’s rules of export documents require an amendmentM S Siddiqui
 
Access to finance for the informal sector
Access to finance for the informal sectorAccess to finance for the informal sector
Access to finance for the informal sectorM S Siddiqui
 
Ad free channel ends unfair privileges to overseas manufacturers
Ad free channel ends unfair privileges to overseas manufacturersAd free channel ends unfair privileges to overseas manufacturers
Ad free channel ends unfair privileges to overseas manufacturersM S Siddiqui
 
Pandemic recession and employment crisis
Pandemic recession and employment crisisPandemic recession and employment crisis
Pandemic recession and employment crisisM S Siddiqui
 
How to upgrade bangladesh’s banking almanac
How to upgrade bangladesh’s banking almanacHow to upgrade bangladesh’s banking almanac
How to upgrade bangladesh’s banking almanacM S Siddiqui
 
Bangladesh needs rules on odourised lpg
Bangladesh needs rules on odourised lpgBangladesh needs rules on odourised lpg
Bangladesh needs rules on odourised lpgM S Siddiqui
 
Post clearance customs audit
Post clearance customs auditPost clearance customs audit
Post clearance customs auditM S Siddiqui
 
Abrupt indian ban on onion seeds not legal
Abrupt indian ban on onion seeds not legalAbrupt indian ban on onion seeds not legal
Abrupt indian ban on onion seeds not legalM S Siddiqui
 
Miniket, a variety of rice or a brand
Miniket, a variety of rice or a brandMiniket, a variety of rice or a brand
Miniket, a variety of rice or a brandM S Siddiqui
 
Psi of govt purchase contrary to import policy
Psi of govt purchase contrary to import policyPsi of govt purchase contrary to import policy
Psi of govt purchase contrary to import policyM S Siddiqui
 
Disappearance of border pillars and death from lightning strike
Disappearance of border pillars and death from lightning strikeDisappearance of border pillars and death from lightning strike
Disappearance of border pillars and death from lightning strikeM S Siddiqui
 
Cib not for control of credit
Cib not for control of creditCib not for control of credit
Cib not for control of creditM S Siddiqui
 
Hashem foods fire determining the liability of regulators
Hashem foods fire determining the liability of regulatorsHashem foods fire determining the liability of regulators
Hashem foods fire determining the liability of regulatorsM S Siddiqui
 
Share facts on drugs, save lives
Share facts on drugs, save livesShare facts on drugs, save lives
Share facts on drugs, save livesM S Siddiqui
 

Mais de M S Siddiqui (20)

Tax justice from 100 years old income tax law.pdf
Tax justice from 100 years old income tax law.pdfTax justice from 100 years old income tax law.pdf
Tax justice from 100 years old income tax law.pdf
 
How insiders are manipulating Dollar rates.pdf
How insiders are manipulating Dollar rates.pdfHow insiders are manipulating Dollar rates.pdf
How insiders are manipulating Dollar rates.pdf
 
Bangladesh’s cross border transaction in Chinese RMB.pdf
Bangladesh’s cross border transaction in Chinese RMB.pdfBangladesh’s cross border transaction in Chinese RMB.pdf
Bangladesh’s cross border transaction in Chinese RMB.pdf
 
Ongoing war on semiconductors.pdf
Ongoing war on semiconductors.pdfOngoing war on semiconductors.pdf
Ongoing war on semiconductors.pdf
 
Evaluation of Bangladesh’s Data Protection Bill.pdf
Evaluation of Bangladesh’s Data Protection Bill.pdfEvaluation of Bangladesh’s Data Protection Bill.pdf
Evaluation of Bangladesh’s Data Protection Bill.pdf
 
Rights of the nominee vis-à-vis legal heirs.docx
Rights of the nominee vis-à-vis legal heirs.docxRights of the nominee vis-à-vis legal heirs.docx
Rights of the nominee vis-à-vis legal heirs.docx
 
Bangladesh bank’s rules of export documents require an amendment
Bangladesh bank’s rules of export documents require an amendmentBangladesh bank’s rules of export documents require an amendment
Bangladesh bank’s rules of export documents require an amendment
 
Access to finance for the informal sector
Access to finance for the informal sectorAccess to finance for the informal sector
Access to finance for the informal sector
 
Ad free channel ends unfair privileges to overseas manufacturers
Ad free channel ends unfair privileges to overseas manufacturersAd free channel ends unfair privileges to overseas manufacturers
Ad free channel ends unfair privileges to overseas manufacturers
 
Pandemic recession and employment crisis
Pandemic recession and employment crisisPandemic recession and employment crisis
Pandemic recession and employment crisis
 
How to upgrade bangladesh’s banking almanac
How to upgrade bangladesh’s banking almanacHow to upgrade bangladesh’s banking almanac
How to upgrade bangladesh’s banking almanac
 
Bangladesh needs rules on odourised lpg
Bangladesh needs rules on odourised lpgBangladesh needs rules on odourised lpg
Bangladesh needs rules on odourised lpg
 
Post clearance customs audit
Post clearance customs auditPost clearance customs audit
Post clearance customs audit
 
Abrupt indian ban on onion seeds not legal
Abrupt indian ban on onion seeds not legalAbrupt indian ban on onion seeds not legal
Abrupt indian ban on onion seeds not legal
 
Miniket, a variety of rice or a brand
Miniket, a variety of rice or a brandMiniket, a variety of rice or a brand
Miniket, a variety of rice or a brand
 
Psi of govt purchase contrary to import policy
Psi of govt purchase contrary to import policyPsi of govt purchase contrary to import policy
Psi of govt purchase contrary to import policy
 
Disappearance of border pillars and death from lightning strike
Disappearance of border pillars and death from lightning strikeDisappearance of border pillars and death from lightning strike
Disappearance of border pillars and death from lightning strike
 
Cib not for control of credit
Cib not for control of creditCib not for control of credit
Cib not for control of credit
 
Hashem foods fire determining the liability of regulators
Hashem foods fire determining the liability of regulatorsHashem foods fire determining the liability of regulators
Hashem foods fire determining the liability of regulators
 
Share facts on drugs, save lives
Share facts on drugs, save livesShare facts on drugs, save lives
Share facts on drugs, save lives
 

Último

xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.mike689707
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditSHRADDHA PANDIT
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...SHRADDHA PANDIT
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfNo One
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateBTL Law P.C.
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...Anadi Tewari
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsAurora Consulting
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsSyedaAyeshaTabassum1
 

Último (10)

xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a Template
 
Criminalizing Disabilities & False Confessions
Criminalizing Disabilities & False ConfessionsCriminalizing Disabilities & False Confessions
Criminalizing Disabilities & False Confessions
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future Solutions
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business Regulations
 

Shalish model rule for commercial disputes

  • 1. Published: 16 August 2020 Shalish model rule for commercial disputes https://dailyasianage.com/news/238366/shalish-model-rule-for-commercial-disputes M S Siddiqui The profession of business is interdependent on many stakeholders such as buyers, seller, supplier, financials, technologist, resear-chers, government regulators, share-holders and others. More importantly, business enterprises are part of manufacturing or creating products and services. This is a kind of relay race. The concept of supply chain management developed from specialization of job of making something which again raw materials of other business and finally creating a good or service to deliver to consumer for consumption. Businesses are dependent on upstream as source of raw material and dependent on buyer at downstream market. The relationship is not for one day or cannot develop over night. The success of one business is part of a supply chain relationship and unable to break and create now relationship over night. Businesses try to minimize with the partners and prefer to resolve dispute over certain issues amicably or through Alternative dispute resolution (ADR). The nature of profession and cost of legal processes encourage the mediation of disputes amicably under certain rules or conventions. Businesses try their best to maintain the relationship despite disagreement over certain issues and try to resolve to continue the relationship. The mediation, a category of ADR is the appropriate method of resolve the disputed to continue the business transaction. The parties in dispute also continue the business transactions despite a dispute and mediation process on certain issues. The main issue of mediation is determining damages and there is not a critical dispute about liability or an issue of principle. All the parties in mediation are ready to resolve the issue with mutually agreed compensation for damages without any legal proceeding in the court. Unfortunately, Bangladesh has no law for mediation although many developed and developing countries have such law. We have long tradition of Shalish of many types of disputes in rural societies. The business communities in many sectors have their own Shalish and conventional rule usually followed by the member of that business society. It has social and inner community methods of enforceability without any legal bindings. Since Bangladesh has no mediation law but has long tradition of Shalish in the society. there may be consensus on certain rules and regulations based on local and global rules and practices. There are some global standard procedure and convention of mediation usually agreed upon by business national and international businesses. It has some general principles like- (1) The process is non-binding. Unless the parties otherwise agree, the Mediators shall have no authority to issue an enforceable award or judgment. (2) The Mediators shall be neutral and impartial. The Mediators shall have no interest in the outcome of the dispute and have no current or anticipated business or personal relationship with any party to the dispute. (3) The process shall be conducted expeditiously. Each party representative will make every effort to be available for meetings. (4) Parties usually agreed the terms of mediation in the business contract. (5) If the respondent party has not previously agreed to mediation through a contract or other agreement, they will agree to certain terms after any dispute arises.
  • 2. The standard terms of mediation in agreement before any business deal or agreed upon after any dispute occurs are on Mediator and place of mediation etc. All the parties will nominate Mediator and disclose their identities to other parties for their acceptance. The acceptance of Mediators shall be mutual and unanimous. A party may challenge a Mediator candidate if it knows of any circumstances giving rise to reasonable doubt regarding the candidate's impartiality. Before appointment, the Mediators will assure the parties of availability to conduct the proceeding expeditiously. Upon retention of the mediators, the parties shall enter into an engagement agreement for mediation. The mediation methods are very formally informal among the Mediators and disputing parties. At the initial stage the Mediators will sit to discuss the rule and process among themselves and agreed on certain other issues to follow during mediation. During the mediation, the Mediators shall take care to maintain a useful and creative joint approach and shall confer privately as may be necessary and advisable. Each party will submit to the Mediators a written statement summarizing the background and present status of the dispute. The parties may agree to submit jointly certain records and other materials. The Mediators may request any party to provide clarification and additional information. The parties may also exchanges documents among themselves to opinion of others and even submit joint statement of facts and figures to the Mediators. In certain cases, upon the agreement between parties, the Mediators shall keep confidential any written materials or information that are submitted. At the conclusion of the mediation process, upon request of a party, the Mediators shall return to that party all written materials and information which that party had provided to the Mediators without retaining copies, or else certify that the destruction of such materials. After the initial hearing from the disputing parties and going through though the documents and papers the mediators will initiate and facilitate the negotiation for a mutually agreed settlement in any manner the mediators believe is appropriate. The mediator shall help the parties to explore alternative resolutions for mutually agreed settlement of the dispute. Mediators may seek opinion from the parties to determine matters such as preferred subject matter expertise, time constraints, potential conflicts of interest and geographic location at the initial stage of mediation. . In case of more than two parties in dispute, if a party withdraws from a multiparty mediation but the procedure continues with the remaining parties. There are many standard rule of mediation usually agreed upon by parties and Mediators. The Chinese mediation rules are very comprehensive and proven to be acceptable in China and other part of the world. Some of the rules developed by Chinese are: (1) The Mediators shall control the procedural aspects of the mediation. The parties shall cooperate fully with the mediators. (2) The Mediators are free to meet and communicate separately with each party, at the Mediators’ discretion or at the request of a party. (3) The Mediators shall decide when to hold joint meetings with the parties and when to hold separate meetings. The mediators shall fix the time and place of each session and its agenda, in consultation with the parties. There shall be no record of any meeting. Formal rules of evidence or procedure shall not apply. (4) If any party has a substantial need for documents or other information in the possession of another party, or for other information that may facilitate a settlement, the parties shall attempt to agree to terms for the voluntary provision of such information. Should they fail to agree, either party may request a joint consultation with the mediators, who shall assist the parties in reaching agreement.
  • 3. At the conclusion of the mediation process, upon the request of a party that provided documents or other material to one or more other parties, the recipients shall return those documents and materials to the originating party without retaining copies. (7) Each party must be represented at each mediation conference by a business executive authorized to negotiate a complete resolution of the entire dispute, unless excused by the Mediators as to a particular conference. Each party may be represented by a business or legal consultant. (8) The Mediators may obtain independent expert advice and assistance, with the prior agreement of and at the expense of the parties. Even if settlement of all claims and issues is not possible, Mediators may help narrow issues and claims in the investigation and discuss with the parties the possibility of their agreeing arbitration. Mediation is a risk-free, inexpensive, confidential and quick mechanism to evaluate whether settlement can be achieved in these cases. Bangladesh has an Arbitration law framed with guide line of UN with a provision of enforcement of arbitration in home and abroad. The experts have some reservation about certain rule and it is a landmark modern law to resolve international business disputes. Business community may come to an understanding on rules and methods of mediation until Bangladesh get a mediation law. The writer is a legal economist. Email: mssiddiqui2035@gmail.com