The Alternative Dispute Resolution Act of Bhutan 2013 allows individuals to appeal to higher courts within ten working days if they are not satisfied. However, a new proposal from the National Assembly’s Legislative Committee and the National Council in the Alternative Dispute Resolution (Amendment) Bill of Bhutan 2024 seeks to change this. Under the new proposal, decisions made by the High Court would be final and cannot be appealed further.
MPs shared mixed reactions on the new proposal.
“We should not prevent them from further appealing. If they can appeal to the High Court, they should also be allowed to appeal to the Supreme Court, as there might not be a resolution from the High Court,” said Loday Tsheten, Gangzur Minjey MP, Lhuentse.
“It states that if a person is not happy with the negotiation, he or she can appeal to the High Court within ten days. Similarly, they should also be allowed to appeal to the Supreme Court within a given time,” said Tandin Wangchuk, Health Minister.
“One has the choice to choose between going to the court and choosing to negotiate through an arbitrator. They choose to negotiate because it is easier and convenient. I don’t see anything wrong with capping the appeal at the High Court,” said Chandra Bdr. Gurung, Minister for Infrastructure and Transport.
The Legislative Committee stated that limiting appeals would help prevent prolonged disputes and align with the core principle of minimal court intervention in arbitration. They added that this is as per the international standard.
“We should ensure minimal judicial intervention. If we put up the case in the court, it will take more time and more expenditure. That is why we proposed that the cases cannot be appealed beyond the High Court,” said Damche Tenzin, Dy. Chairperson, Legislative Committee, National Assembly.
Deliberations will continue tomorrow.
The Alternative Dispute Resolution Act of Bhutan 2013 was introduced to provide an alternative way to settle disputes outside the formal court system.
Deki Lhazom
Edited by Sonam Pem
