The National Council’s Legislative Committee presented the Alternative Dispute Resolution (Amendment) Bill 2024 for deliberation today. Originally introduced in 2013, the Act focused on resolving disputes in the country without going to court. Arbitration, one of the key methods under the Bill, is a process where a neutral third party decides to settle disputes between parties involved. The Bill aims to align Bhutan’s dispute resolution practices with international standards.
One of the key discussions revolved around establishing the position of secretary general or chief administrator, who would oversee the operations of the Alternative Dispute Resolution Centres.
Members raised concerns regarding the appointment process of the position and the need for the position.
“We are introducing this Bill to find alternative ways to settle disputes. However, if we allow the National Judicial Commission to appoint the secretary general, I am concerned about accountability and unclear roles in the future,” said Ugyen Tshering, MP, Paro.
Addressing these concerns, the Legislative Committee said that the National Judicial Commission is composed of competent members whose decisions can be trusted.
They further added that appointing a secretary general is aligned with international practices to maintain the independence of Alternative Dispute Resolution Centres.
“The secretary-general position is essential because the ADR centre is quasi-judicial and independent, not a government entity,” said Pema Tashi, Chairperson of the Legislative Committee, National Council.
The committee also highlighted the potential economic benefits of the amendment.
They noted that well-structured alternative dispute resolution services could attract international clients, generating revenue for the country.
“If we design this Bill well, other countries could seek our ADR services, boosting our revenue. With the development of the Gelephu Mindfulness City, there are even more opportunities,” said Tshering Wangchen, a member of the Legislative Committee, National Council.
The chairperson directed the Legislative Committee to discuss and finalise the Bill for adoption next month.
Karma Samten Wangda
Edited by Sonam Pem
