Arbitrator in Bangladesh or Arbitration Lawyers in Bangladesh
Welcome to Arbitrator in Bangladesh, Arbitration has increasingly become the more felicitous method of dispute resolution in Bangladesh for corporate persons. The mediation process in Bangladesh is governed primarily by the Mediation Act of 2001. This rule is based on the UNCITRAL Model Act. … previously, arbitration in Bangladesh became ruled with the aid of the 1940 Arbitration Act.
Arbitration agreement
Agreements which provide that, if a dispute should arise, it will be resolved by arbitration. These will generally be normal contracts, but they contain an arbitration clause
The former is the far more prevalent type of arbitration agreement. Sometimes, legal significance attaches to the type of arbitration agreement.
“arbitration in London – English law to apply”
“suitable arbitration clause”
“arbitration, if any, by ICC Rules in London”
The courts have also upheld clauses which specify resolution of disputes other than in accordance with a specific legal system. These include provision indicating:
That the arbitrators “must not necessarily judge according to the strict law but as a general rule ought chiefly to consider the principles of practical business”
“internationally accepted principles of law governing contractual relations”
Agreements to refer disputes to arbitration generally have a special status in the eyes of the law. For example, in disputes on a contract, a common defence is to plead the contract is void and thus any claim based upon it fails. It follows that if a party successfully claims that a contract is void, then each clause contained within the contract, including the arbitration clause, would be void. However, in most countries, the courts have accepted that:
However, most courts will be reluctant to interfere with the general rule which does allow for commercial expediency; any other solution (where one first had to go to court to decide whether one had to go to arbitration) would be self-defeating.
Comparative law
Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in a separate law on arbitration (as is the case in England, Republic of Korea and Jordan. In addition to this, a number of national procedural laws may also contain provisions relating to arbitration.
Arbitrator History:
The United States and Great Britain were pioneers in the use of arbitration to resolve their differences.
The Hague Peace Conference of 1899, saw the major world powers agreed to a system of arbitration and the creation of a Permanent Court of Arbitration. Both nations realized that a mechanism was desirable to avoid possible future conflicts. The Olney-Pauncefote Treaty of 1897 was a proposed treaty between the United States and Britain in 1897 that required arbitration of major disputes. Senate and never went into effect.
Arbitrator Government disputes:
Certain international conventions exist in relation to the enforcement of awards against states. The Washington Convention 1965 relates to settlement of investment disputes between states and citizens of other countries. The Convention created the International Centre for Settlement of Investment Disputes (or ICSID).