5th Sitting: Introduction and Deliberation on the Alternative Dispute Resolution (Amendment) Bill 2024
The
Legislative Committee (LC) presented the Alternative Dispute Resolution
(Amendment) Bill 2024 to the House for deliberation during the 5th Sitting
today.
The LC Chairperson, Hon’ble Pema Tashi, outlined the Committee's objectives for the amendments, the overview of the proposed amendments, recommendations, and the various consultations and field visits conducted by the Committee. The amendments aim to address challenges affecting arbitration in Bhutan, streamline processes, ensure arbitrator competence, and minimize judicial reviews. Notably, the proposal seeks to position Bhutan as a trusted international arbitration hub by aligning its framework with the UNCITRAL Model Law on International Commercial Arbitration.
He also highlighted that the ADR Act of Bhutan, 2013, contains 182 provisions, of which the Committee has proposed amendments to 159 provisions, retained 23 provisions, and introduced four new provisions. The four new provisions include: Chapter 1, Section 21(A), which requires the government to provide adequate financial support for the sustainable operation of the ADR centre; Chapter 3, Section 44(A), mandating that all domestic arbitrations be conducted by the ADR centre of Bhutan in accordance with the Act; Chapter 8, Section 134(A), requiring the ADR centre to scrutinize draft awards prior to issuance, with its opinion to be considered by arbitrators; and Chapter 10, Section 151(A), which allows appeals against awards in domestic arbitration.
During the deliberations, the House supported 157 amended provisions and three new provisions proposed by the Committee. However, due to additional concerns raised by Members regarding two amended provisions and one new provision, the House directed the Committee to revisit these three provisions in consultation with the Members who raised the concerns. The final Bill is scheduled to be adopted on December 6, 2024.
Tomorrow, the House will deliberate on the Air Service Agreement between the Royal Government of Bhutan and the Government of the State of Kuwait.
