The Legislative Committee (LC) of the National Council conducted a consultation meeting with the participants mentioned above on ‘Alternative Dispute Resolution Amendment Bill’. The proposed amendment bill seeks to amend the ‘Alternative Dispute Resolution Act 2013’ to make the act more robust and relevant to the present time and need. Since, the ADR act 2013 has not been able to achieve its intended objectives and with the problem in law as well as in the conduct of arbitral proceedings, the Legislative Committee has sought to review the act through the consultation meeting and seek views and suggestions from the participants which are the relevant stakeholders who will make use of the act in their daily business and professional dealings.

The Legislative Committee explained to the participants about the history and the background of the alternative dispute systems in Bhutan juxtaposed to the system in other countries, such as Singapore, India, Canada, United Kingdom and others. The Legislative Committee explained about the statutory authority of the ADR act, and the benefits of the alternative dispute resolution mechanism (Arbitration) compared to the formal setting of the Courts. Some of the benefits outlined were cost-effective, quicker resolution thus time saving and the parties in an arbitration has the greater say in the conduct of the procedure including the appointment of arbitrators of their choice. The participants showed keen interest in the consultation meeting and made several suggestions and posed certain analytical questions which were appreciated by the Legislative Committee.

The views and suggestions ranged from the appointment of arbitrators, issue of conflict of interest and biasness, limited appeal options, and many others. One of the highlighted benefit of arbitration is the ease of dispute settlement concerning cross-border trade and commerce involving citizens of different countries, wherein, one can enforce the arbitral award of the arbitration in most of the countries due to many countries having ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award. Bhutan is also a party to the Convention having has ratified the New York Convention of 1958.