There was a time, not very long ago, when people who found themselves in a dispute had two basic choices to resolve it. They could either file a lawsuit or just walk away from the conflict and try to move on.
Things have changed now. Civil cases do not necessarily have to go through the lengthy courtroom procedures. Instead, people can choose to go to the Bhutan Alternative Dispute Resolution Centre.
Established recently, the centre is an alternative to court, and disputes can be settled faster with fewer formalities.
An individual or an institution who wants to settle a civil dispute with someone will first have to register the case with the centre. If the case merits arbitration, the centre will inform the other party of an arbitrary case being filed against him or her.
Each party will then get to choose an arbitrator from a list of specialised arbitrators maintained by the centre. The two arbitrators will then appoint a presiding arbitrator from the same list.
The arbitration will take place in an informal setting. The concerned parties also get to choose the language for arbitration.
“Arbitrators are appointed by the parties themselves. It’s not like in the court where you have no choice because you have to file the case and they will take care of the other proceedings,” Chimi Dorje, the centre’s Chief Administrator, said.
“In the arbitration centre, everything is in the hands of the parties themselves. When it comes to credibility, I must it’s 100 per cent credible.”
If the parties or either of them is not satisfied by the arbitral decision, they can appeal to the High Court to not enforce the arbitral decision within 30 working days.
The centre was formally launched yesterday but it has been functional since May 15. In the first month of its operation, the centre registered 12 civil cases.
