The Bangladesh Today (12-02-2018)

More documents

Recommendations

Info

EDITORIAL MoNDAY, FeBrUArY 12, 2018 4 Acting Editor & Publisher : Jobaer Alam Telephone: +8802-9104683-84, Fax: 9127103 e-mail: editor@thebangladeshtoday.com Monday, February 12, 2018 reforming and improving the civil services It is high time to take up the tasks of carrying out deep and driving reforms in the country's civil services. The reformative activities in the country's civil services have become all the more important and justified in the backdrop of the recently increased raises in the salaries and perks of civil services members across the board. It is too simplistic to think that these showering of higher salaries and benefits on civil servants will prompt them to become more dedicated, honest and sincere in attending to their tasks. For experiences show all too clearly that members of civil services were always too good on absorbing any pay rise and other benefits as if these were their birth rights.They never felt any mentionable pricks of conscience that they should al so deliver better to deserve the higher salaries and benefits. Thus, there is every reason to think that this time around also they will just perceive their added monetary and other gain sas their legitimate dues without feeling that they have a duty of care to respond to these added payments by discharging their services with greater scrupulousness and efficiency. There fore it is high time to ensure that civil servants are only obliged to earn their increased earnings and privileges. Reformsofthecivilservicesshould start basically with making the present system of recruitment to the services completely free from corruption. This corruption was reflected in the leakage of question paper and other ills in the recruitment examinations of the services. The next task is proper training of the new civil servants. The Bangladesh Public Administration Training Centre (BPTAC) in the main trains new members of the civil services. But allegedly, the standard of this body has deteriorated over the years. The trainers themselves are considered as not sufficiently resourceful to train well. Therefore, BPTAC itself needs restructuring and at the centre of such restructuring should be appointment of persons of proper background and competence as the trainers. Besides, teaching of morality and service to people should be important parts of the training programmes so that the new members in the civil services can go to their first posts with a sharpened conscience. In many cases, government offices are found overstaffed particularly at the lower and mid-levels. Such overstaffing should be dealt with to conserve resources and reduce bureaucracy. In other cases, a dearth of specialist manpower is seen in some departments, particularly at the higher levels, that hampers the efficient functioning of these departments. The cases of such understaffing should be addressed by recruiting such specialist manpower on contract and other basis with special incentive salary and other facilities, where necessary. They may be inducted into the civil services by amending the present uniform rules of the services as special cases. Such recruitment will end the unwanted domination of the services by generalists who cannot give specialist decisions or attend to decision making of a complex or technical or managerial character and, thus, lend dynamism to the functioning of the services. The present system of promotion in the civil services is based mainly on seniority. The annual confidential report (ACR) on a civil servant produced by a senior officer is also taken into account while promoting a person. But such ACRs presently have no way of assessing the officer's true worth, efficiency, integrity and attainments. In most cases, the officers are blindly promoted to the next higher posts on completion of a certain number of years in their services. Therefore, in order to truly reward the efficient and the capable, promotion should be mainly based not on seniority but on the basis of the actual efficiency, dedication to the job and achievements of the person to be promoted. For this purpose, more than the ACR, a system should be devised in which the civil servants will be given targets to fulfill at the start of a year. The targets may range, say, from meeting tax collection targets to the number of sterilisation operations carried out in the family planning programme. Target attainment and meeting of other standards should become the basis of promotion and not just seniority as is the case now. Besides, failure to attain targets and noted lapses in other areas should lead to suffering of penalties such as withholding of increments to event dismissal from services. In other words, civil servants must be made to perform under the awareness that they are accountable for their jobs and that their jobs are not sinecures. They could expect rewards for the right things they do and penalised for what they do not do or do wrongly. Only an accountable structure of this sort-- and enforced rigorously-- has any chance of improving the standard of the civil services. All elected governments from now on should also resolve not to try and politicise the administration during their tenures. This would contribute to not only efficiency of the civil administration but lend to the country's political stability as well. how far is China to blame for America’s ‘Cold War mentality’? IT has been five years since the bill ensuring the right to free and compulsory education was passed unanimously by the National Assembly. Article 25-A of the Constitution says: "The state shall provide free and compulsory education to all children of the age of five to 16 years...". In these five years, since Article 25-A came into action, a few noteworthy initiatives have been taken by the federal and provincial governments to ensure that this promise to Pakistani children is fulfilled. Despite this constitutional obligation as well as many official statements by senior government officials, much more needs to be done to make this commitment a reality. Policy reforms and quality implementation need to be urgently amplified and expanded to tackle the education emergency in Pakistan, especially in Sindh. Lack of infrastructure and facilities in government schools is a basic critique of the education system in Sindh. This was recently highlighted in a report to the Sindh chief minister, after which immediate action was ordered to be taken in 4,000 primary schools and 524 middle and secondary schools. The initiative involves improvement and rehabilitation of schools focusing on the provision of electricity, washrooms, boundary walls, drinking water, and furniture. However, there is a long way to go before basic facilities can be ensured in all Sindh's The year 2018 will be a year of major social changes for the Kingdom of Saudi Arabia. These changes are expected to dramatically change Saudi society as we once knew it. To begin with, the feared Saudi religious police that once permeated every level of Saudi society has almost become a non-entity in most of the major cities, a fact that makes many happy but also distresses a few who still long for the days of religious control. Their messages and exhortations of following a strict and unyielding interpretation of the religion has today been generally recognised as the fuel that has misguided some Saudi youth. The arrival of young Crown Prince Mohammad Bin Salman in the Saudi leadership has provided the impetus to tackle what many have termed as a growing menace and an impediment to progress. Many Saudi social scientists and intellectuals had privately grumbled that the powerful religious police was intent on taking the country back to the Stone Ages. But Mohammad was astute enough to realise that none of his grand plans, such as Vision 2020 and Vision 2030, would take a foothold unless he dealt with this establishment head-on. And he did. By stripping them of most of their earlier acquired powers, he essentially left them dormant. The wave of appreciation that followed this singular Cold War mentality" is the catchphrase that China typically uses when it is criticized by the United States and other Western countries, such as Australia. In 2009, when the Barack Obama administration published its National Intelligence Strategy (NIS), in which China - together with North Korea, Iran and Russia - was listed as a country that challenged US interests, Beijing immediately urged Washington "to abandon Cold War mentality and prejudices." On several occasions over the past two years, Beijing has similarly accused Australia of adopting a "Cold War mentality" vis-à-vis the communist power. The phrase has been used with increasing frequency in relation to the US since the advent of Donald Trump's presidency, as Washington has hardened its view of the one-party state. In the 2009 NIS, China was listed third among America's four main challengers and the document's description of the country wasn't very hostile. In contrast, in the Trump government's National Security Strategy (NSS), National Defense Strategy (NDS) and Nuclear Posture Review (NPR), all of which were published over the last two months, China is painted much more adversely. In the first two documents, the People's Republic is put first among the top security threats facing the US. These also include Russia, two "rogue states" (namely North Korea and Iran), and terrorist groups. In the last strategy, it is placed second, after Russia. That's why, immediately after the publication of these three documents, Chinese officials, including Chinese foreign ministry spokespersons, denounced them and urged the US to discard what they call an "outdated coldwar mentality and zero-sum game mindset." A Chinese foreign ministry spokesperson sang the same chorus after Trump's State of the Union address on January 30 because. In that speech, the American president said: "Around the world, we face rogue regimes, terrorist groups, and rivals like China and Russia that challenge our interests, our economy, and our values." Though very brief, such a reference to China in his 80-minute address infuriated Beijing. A Chinese academic told the party-run Global Times: "It is alarming and provocative for Trump to call China a US rival again and especially to lump China together with rogue regimes and terrorist groups." US President Donald Trump talks to China's President Xi Jinping during the G20 leaders summit in Hamburg, Germany July 7, 2017. Photo: Reuters / Philippe Wojazer US President Donald Trump talks to China's President Xi Jinping during the G20 leaders summit in Hamburg, Germany July 7, 2017. government schools. There is an urgent need for not only improving the basic infrastructure but also achieving parity between primary to middle and high school ratios in the province. These enhancements can only be mobilised by timely and effective utilisation of the education budget. More needs to be done to reform education in Sindh. Secondly, the teacher absenteeism problem which had been one of the core causes of failure for the education sector in Sindh, has been tackled to some extent through the Sindh School Monitoring System. According to the government's statistics, 210,000 education staff and more than 26,200 schools have been verified through this system, which depends on data collected by the field staff XUAN loC DoAN Photo: Reuters / Philippe Wojazer Indeed. Washington's China posture has radically shifted. The globe's most powerful authoritarian state is now seen as the top security threat facing America, representing a menace in everything from the military and economic spheres to the cultural and ideological. This change in Washington could potentially develop into a full-blown rivalry between the world's incumbent and rising superpowers. Should this happen, it in contrast, in the Trump government's National Security Strategy (NSS), National Defense Strategy (NDS) and Nuclear Posture review (NPr), all of which were published over the last two months, China is painted much more adversely. in the first two documents, the People's republic is put first among the top security threats facing the US. These also include russia, two "rogue states" (namely North Korea and iran), and terrorist groups. in the last strategy, it is placed second, after russia. would cause huge and dire consequences, not only for the two biggest economic and military powers on earth, but also for the world at large. An antagonistic American-Chinese enmity in the 21st century might well be far graver than the Cold War between the US and the communist-ruled Soviet Union of the last century. Worse still, if escalated, it could lead to a devastating military conflict, possibly a third world war. Given such a danger, it's wise and vital that Beijing calls for cooperation, not confrontation, "through concrete actions," because, as it correctly Unfulfilled promise SAAD AMANUllAh KhAN being accurate and reported in real-time to the education and literacy department as well as the monitoring and evaluation directorate. This exercise, however, is currently being undertaken in only 15 districts, and needs to be expanded to include all districts and schools. It is universally recognised that quality teachers are an integral part of ensuring Secondly, the teacher absenteeism problem which had been one of the core causes of failure for the education sector in Sindh, has been tackled to some extent through the Sindh School Monitoring System. According to the government's statistics, 210,000 education staff and more than 26,200 schools have been verified through this system, which depends on data collected by the field staff being accurate and reported in real-time to the education and literacy department as well as the monitoring and evaluation directorate. act must have sent a strong signal to the Crown Prince that the country and the people were ready for change. "Arrival of young Crown Prince Mohammad Bin Salman in Saudi leadership has provided the impetus to tackle a growing menace and impediment to progress."" He interjected several revolutionary concepts to the society that had for the past three decades or so remained buried under layers of restrictions. People welcomed the moves as part of his vision to transform the kingdom. Mohammad supported a newlyformed entertainment authority that has taken to staging concerts and comedy shows for an entertainmentstarved Saudi audience that used to get its fill of culture and the arts by travelling to neighbouring Arab states. No more, Mohammad vowed. We shall quality education for the students. However, in Pakistan, teacher recruitment has always been laced with political influence and manipulation. To address this, the Sindh Education Department implemented a programme to ensure merit-based recruitment via the National Testing Service, through which more than 1,000 head teachers have been recruited. Apparently, these teachers have passed be as progressive as the rest of them was the message. The bizarre obsession of extremists against the idea of free mingling of people from both genders was swiftly addressed when the government announced that men and women could attend together many of the entertainment fixtures that were being introduced. This was followed by an announcement that starting this year, female residents of the country could attend sporting events, such as a football match, along with males in key stadiums across the metropolitan cities. While it may have left many a cleric privately aghast and shell-shocked, it was yet another move widely appreciated by the public, the majority of whom are young. This was soon followed by an announcement that the kingdom would issue licences for cinema halls to maintains, that is "the only right choice" for China and the US to "ensure the sound and steady development of [their] relations" and to "maintain world stability and prosperity." But whilst it is noble to make such a call, it isn't enough. Moreover, Beijing is being quite disingenuous when it paints itself as cooperative, responsible and benign with regard to the US. Trump's NSS states: "China and Russia challenge American power, influence, and interests, attempting to erode American security and prosperity. They are determined to make economies less free and less fair, to grow their militaries, and to control information and data to repress their societies and expand their influence." With some justification, many would agree with such a description of China. Take the Asian giant's trade policies for example. On many occasions, Trump has, implicitly or explicitly, called for Beijing to curb some of the unfair practices (e.g. steel overcapacity, intellectual property rights abuses and market access restrictions) that lead to America's chronic trade imbalance with China. While his concerns about the deficit and lack of fairness and reciprocity in US-China economic relations are legitimate, these haven't been addressed. America's deficit in goods with the world's biggest market increased from US$347 billion in 2016 to US$375 billion (the highest level) last year. Indeed, in a call with his Chinese counterpart, Xi Jinping, last month, Trump "expressed disappointment that the [US's] trade deficit with China has continued to grow" and "made clear that the situation is not sustainable." Source : Asia Times rigorous screening and testing and are competently serving in schools across Sindh. Although this is a positive step, the department has yet to figure out a mechanism to compensate these teachers, who have not been paid since the start of their tenure. The Sindh government also announced a private school census to be conducted in January 2018. This should not only give a holistic picture of education in the province, but also provide the government a basis to make informed decisions for the future. It is seen as an opportunity for the government to obtain details of the teaching staff of private schools, including their salaries, perks and other privileges. These details can facilitate the government in aligning the incentive system for government teachers with that in private institutions. Low-cost private schools which are not registered with the concerned authorities can also be regulated by the government using this census. However, to ensure its long-term impact, this census will have to be a sustained effort in the years to come. To enhance the tracking of key performance measures in Sindh, the creation of a school management committee, consisting of elected representatives of the local authority, parents/ guardians of children admitted in such schools, and teachers, should be mandatory. Source : Dawn Tide of change sweeps through Saudi Arabia TAriq A. Al MAeeNA Mohammad supported a newly-formed entertainment authority that has taken to staging concerts and comedy shows for an entertainment-starved Saudi audience that used to get its fill of culture and the arts by travelling to neighbouring Arab states. No more, Mohammad vowed. We shall be as progressive as the rest of them was the message. operate - a ban that had been in effect for decades and could be traced back to the rise of influence of clerics in the early 1980s, following a failed takeover attempt of the Holy Mosque in Makkah by a band of religious extremists. The first theatres are expected to be ready by later next month and the public, by and large, is eagerly looking forward to this pleasant diversion. Perhaps the biggest change introduced to Saudi society was the lifting of the ban on women driving. Come June, women will get behind the wheel. Clerics had been successful for decades in enforcing a ban on women motorists. This was by far the biggest of the barriers to fall, as Saudi Arabia had earlier carved a unique distinction of being the only country in the modern world not to grant their females citizens or residents the right to drive. With Vision 2030 in mind and a youthful population by his side, Mohammad is set to tackle all previous impediments to Saudi progress to bring the country at par with developing nations. He has begun by removing some of the previously installed taboos and there are expectations of more barriers to fall. With such a vision, many in Saudi Arabia are hopeful that finally, the country will take its rightful place on the global stage. Source : Gulf News
LAW & PUBLIC MONdAy, FEBRuARy 12, 2018 5 This week Your Legal Adviser is A.B.M Shahjahan Akanda (Masum) Advocate, Supreme Court of Bangladesh. He is the Head of the chamber of a renowned law firm, namely, 'Law for Nations', which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law,constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reached at - cell:01711459590, E-mail: law.abm@gmail.com. 2nd Workshop on Legal Research & Advocacy Skills Hosted by NILS Bangladesh QuERy : Dear Sir, I want to attain a patent registration. Please inform me the details. Regards Shariul Islam Dhaka OpINION : An application for a patent may be made by any person alone or jointly with any other person. The application must be made in the prescribed form, and must be filed at the Patent Office in the prescribed manner. The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor or the legal representative or assign of such inventor and for which he desires to obtain a patent, and must be accompanied by complete specification. Specifications: A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. The specification must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. The drawings can be supplied at any time before the acceptance of the application, but we suggest to file drawings at the time of application printed on tracing papers. PCT Application in Bangladesh: In case of claiming priority based on any application filed in any PCT countries the applicant must supply the information of PCT application at the time of filing the national application and submit certified copy of the specification of the foreign patent application within 90 days time from the date of filing application in Bangladesh. Filing Requirement: To file a Patent Application we need the followings: (a) Name of the inventor (applicant), (b) Address(s) and nationality of the inventors, (c) Two sets of specification and one set of drawing on tracing paper (transparent), (d) Legalized Deed of Assignment (if any), (e) Power of Attorney [Form - 31], you can download the authorization from this web by clicking download forms. (f) Certified copy of the foreign patent (in case of claiming priority) Advertisement on acceptance of application: On the acceptance of an application the Controller shall give notice thereof to the applicant and shall advertise the acceptance and with the drawings (if any) shall be open to public inspection. Opposition:Any person at any time within four months from the date of the advertisement of the acceptance of an application give notice at the Patent Office of opposition to the grant of the patent. The opponent must state the grounds of his opposition. Grant and sealing of patent: If there is no opposition a patent shall be granted, subject to such conditions as the authority thinks expedient, to the applicant, or in the case of a joint application to the applicants jointly, and the Controller shall cause the Patent to be sealed with the seal of the Patent Office. Term of patent: The term limited in every patent for the duration thereof is sixteen years from its date of application or the date of priority application. Renewal is required for fifth year before expiry of fourth year up to the 15 years. Grace period is 90 days with late fees. In case of priority, the commencement of four years shall start from the date of priority application. The Network for International Law Students (NILS) is an international, independent, nonpolitical and non-profit organization operating in 26 different countries and expanding across six continents of the globe. The Bangladesh Chapter of NILS has been successfully carrying out the operations of NILS in the country since 2016. After the overwhelming success of hosting the 1st edition in November 2017, NILS Bangladesh, in collaboration with Department of Law, East West University (EWU) organized the 2nd edition of the Workshop on Legal Research and Advocacy Skills on January 26, 2018. Around 100 law students from numerous public and private universities of Bangladesh spontaneously participated in the workshop. The inaugural session of the workshop was conducted by Mr. Md. Pizuar Hossain, Lecturer, Department of Law, EWU on 'Introduction to Legal Research and Methodology'. The session focused mainly upon techniques and methodologies of legal research and enabled the participants to get them acquainted with different aspects and tools of carrying out legal research independently. The next session was conducted by Mr. Mokarramus Shaklan, Advocate, Supreme Court of Bangladesh on 'The Art of Mooting'. He spoke at length regarding mooting, techniques of drafting memorials, preparing for oral submissions before the judges and the impact of mooting in professional careers of legal practitioners. The final session was facilitated by Professor Dr. Tureen Afroz, Chairperson, Department of Law, EWU on 'The Art of Advocacy'. She extensively discussed the technical know-hows of being a lawyer and underlined the basic court etiquettes required to be followed by the lawyers. She concluded her session by urging the students to never stop learning and sharing the knowledge with their peers. The closing ceremony of the workshop was chaired by Nasrin Sultana, President, NILS Bangladesh while Justice S. M. Mozibur Rahman, Honorable Justice, Supreme Court of Bangladesh graced the event as the guest of honor. In his speech, Justice Rahman lauded such initiatives undertaken by NILS Bangladesh and Department of Law, EWU and mentioned that this unique practice of teaching advocacy skills to law students would immensely boost their professional careers as lawyers. Ms. Nasrin Sultana, President, NILS Bangladesh also spoke at the ceremony highlighting its past activities and stated that in an age of globalization, it is essential to network with law students beyond borders. The Best Performer award was won by Maisha Tehmida Binte Zubair from BRAC University. The program ended after certificates were handed out to all the participants and tokens of appreciation were handed over to the chair of the closing ceremony and the facilitators of the workshop. NILS Bangladesh intends to host more such workshops and symposiums in near future. Expanding Investment Securities The Role of Investment Treaties and Investment Arbitration in Bangladesh Md. MAMONOR RASHId Large-scale investments made in foreign jurisdictions face many risks, particularly when investing in countries with high levels of political and regulatory risk or developing judicial systems, as is often a concern for international investors entering certain Asian and African countries. In such circumstances, investors are particularly concerned about the legal protections that are available to them during the life of their investments. Bilateral and multilateral investment treaties ("BITs", "MITs") have become the principle vehicle to overcome these challenges and mitigate the risks of government intervention. BITs are international law instruments - treaties - agreed between two states. MITs are treaties agreed between more than two states. The purpose of BITs and MITs is to create a stable legal environment that fosters foreign direct investment. This is achieved by the "host state" (i.e. the state in which the investment is made) agreeing to provide certain guarantees and standards of protection to the investments of private foreign investors (i.e. those with the nationality of, or incorporation in, the "home state"). The investor is also provided with the opportunity to enforce its rights under the investment treaty against the host state through independent international investment arbitration. This is the major innovation of investment treaties, as traditionally it was only states that had standing to bring claims against each other. Rights and obligations under investment treaties are reciprocal, protecting the investments of investors from each state in the territory of the other state. Structuring investments correctly can maximise those rights and protections, and has become a modern commercial imperative when transacting internationally. Expanding investment securities: When structuring foreign investments, prudent investors will seek advice on the protections available under the domestic legislation of the host state as well as the investment treaties to which that host state is a party. In order to rely on the protections offered by a particular BIT, a foreign investor will need to qualify as a defined "investor", as mentioned above, and its "investment" must fall within the definition of the protected type of investments under the relevant BIT. Most BITs adopt a broad definition of qualifying investments, ranging from tangible to intangible property, company shares to contractual rights. The common categories of substantive BIT protections and guarantees owed by host states to foreign investors/ investments include the following: No expropriation without compensation: not to expropriate investments unless it is for a public purpose, in accordance with law and due process, with the provision of prompt, adequate and effective compensation; Fair and equitable treatment: all investors/ investments will be treated fairly and equitably (an open category that includes upholding legitimate expectations, the rule of law and good faith etc.); Full protection and security: including to maintain the investor's legal rights and protect physical assets from insurrection; No discrimination: not to adopt measures that discriminate investments based on type, industry, nationality etc.; National treatment: not to treat foreign investors/ investments less favourably that domestic investors/ investments; Most favoured nation treatment: the most favourable treatment available to investors/ investments of one state will be afforded to investors/ investments of other states; Umbrella clause: general commercial contracts with the host state and investor are elevated to protection under the BIT; and Free transfers: investors may convert investment returns into a currency of their choice and repatriate out of the host state. Laws and Regulations on Foreign direct Investment Major laws affecting foreign investment include: the Foreign Private Investment (Promotion and Protection) Act of 1980, the Bangladesh Export Processing Zones Authority Act of 1980, the Companies Act of 1994, the Telecommunications Act of 2001, the Industrial Policy Act of 2005, the Industrial Policy Act of 2010, and the Bangladesh Economic Zones Act 2010. The Industrial Policy Act of 2016 was approved by the Cabinet Committee on Industrial Purchase on February 24, 2016 and replaces the Industrial Policy of 2010. The Industrial Policy Act of 2016, which replaced the 2010 Act, offers incentives for "green", high-tech, or "transformative" industries. Foreign investors who invest $1 million or transfer $2 million to a recognized financial institution can apply for Bangladeshi citizenship. The Government of Bangladesh will provide financial and policy support for high-priority industries (those that create large-scale employment and earn substantial export revenue) and creative (architecture, arts and antiques, fashion design, film and video, interactive laser software, software, and computer and media programming) industries. Specific importance will be given to agriculture and food processing, readymade garments (RMG), information and communication technology (ICT) and software, pharmaceuticals, leather and leather products, and jute and jute goods. International investment arbitration and dispute Settlement: International investment arbitration is a mechanism to resolve investment disputes between a foreign investor and the state hosting the investment. It is different in many respects from international commercial arbitration, which involves two private parties, usually corporations. ICSId Convention and New york Convention Bangladesh is a signatory to the International Convention for the Settlement of Disputes (ICSID) and it consented in May 1992 to the United Nations Convention for the Recognition and Enforcement of Foreign Arbitral Awards. Alternative dispute resolutions are possible under the Bangladesh Arbitration Act of 2001. The current legislation allows for enforcement of arbitral awards. Investor-State dispute Settlement Bangladeshi law allows contracts to refer dispute settlement to third country forums for resolution. Bangladesh is also a party to the South Asia Association for Regional Cooperation (SAARC) Agreement for the Establishment of an Arbitration Council, signed November 2005, which aims to establish a permanent center for alternative dispute resolution in one of the SAARC member countries. In practice, enforcement of arbitration results is applied unevenly and the government has challenged ICSID rulings, especially those that involve rulings against the government. The timeframe for dispute resolution is unpredictable and has no set limit. It can be done as quickly as a few months, but often takes years depending on the type of dispute. Anecdotal information indicates average resolution times can be as high as 16 years. Local courts may be biased against foreign investors in resolving disputes. Bangladesh is a signatory of the New York Convention and recognizes the enforcement of international arbitration awards. Domestic arbitration is under the authority of the District Judge Court bench and foreign arbitration is under the authority of the relevant High Court division of the Supreme Court of Bangladesh. Investors are also increasingly turning to the Bangladesh International Arbitration Center (BIAC) for dispute resolution. BIAC is an independent arbitration center established by prominent local business leaders in April 2011 to improve commercial dispute resolution in Bangladesh to stimulate economic growth. The council committee is headed by the President of International Chamber of Commerce - Bangladesh (ICC,B) and includes the presidents of other prominent chambers such as like Dhaka Chamber of Commerce and Industry (DCCI) and Metropolitan Chamber of Commerce and Industry (MCCI). The center operates under the Bangladesh Arbitration Act of 2001. According to BIAC, fast track cases are resolved in approximately six months while typical cases are resolved in one year. Major Bangladeshi trade and business associations such as the American Chamber of Commerce in Bangladesh (AmCham) can sometimes help to resolve transaction disputes. Author: Mr. Md. Mamonor Rashid has completed his Master of Laws by thesis (Equivalent to M.Phil) on International Commercial Arbitration from University Utara Malaysia with Post Graduate Scholarship. Associate; Bhuiyan& Mir Law Firm. President; "The Orator" (For Legal Minds). He is a devoted social worker. He has worked with many national and international NGO's including Amnesty International, United Nations Volunteer (UNV), International Centre for Diarrhoeal Disease Research, Bangladesh (icddr'b) and National Human Right Commission, Bangladesh. His areas of specializationareInternational Commercial Arbitration, Religious Arbitration, and Corporate Law. He is the Young Professional member of Singapore International Arbitration Centre (YSIAC), Singapore and Young International Arbitration Group (YIAG), London. Email Address: mamon_rashid@live.com
Page 1 and 2: MOnday Dhaka : February 12, 2018; M
Page 3: METRO MoNDAY, FeBRUARY 12, 2018 3 B
Page 7 and 8: INTERNATIONAL MONDay, FeBrUary 12,
Page 9 and 10: SPORTS MONDAy, FEBRUARy 12, 2018 9
Page 11 and 12: MISCELLANEOUS 11 MoNDAY, FebruArY 1

The Bangladesh Today (12-02-2018)

Create successful ePaper yourself

Delete template?

Save as template?