conciliation and arbitration in municipal area

2. The Conciliation of Dispute (municipal area) Board Act, 2004
Arbitration Act, 2001
Lt Cdr Swabnam Perveen Swopna
ADR and Legal Aid (LLB 3111)
Department of Maritime Law and Policy
Faculty of Maritime Governance and Policy
Submitted to
Topic

3. Our Team
Partha Pratim
Debnath
Roll: 19111022
MD. Rezaul Karim
Siam
Roll: 19111023
MD. Usama Luizi
Farah Al Suny
Roll: 19111024
Mushfika Mafruha
Oishi
Roll: 19111025
MD. Morshadul
Momin
Roll: 19111026

4. Table of
contents
The Conciliation of Disputes (Municipal Areas) Board Act, 2004
Introduction 01
Purpose of the Conciliation Act
Composition of Conciliation Board 02
Constitution of Board 03
Jurisdiction of the Board 04
Disputes to be settled by the conciliation Board : 05
Procedure to institute the suit in the board : 06
Decision of the Board : 07
Finality of the decision of conciliation Board and appeal : 08
Part I - list of the criminal cases 09
Part II - list of the civil suits 10
i
Mushfika Mafruha Oishi
MD. Rezaul Karim Siam

5. Table of
contents
Arbitration
Definition of Arbitration 11
Powers of court and High Court Division to make interim orders 12
Serving of notice 13
Form of arbitration agreement 14
Number of arbitrators 15
Procedures for appointment of arbitrators 16
Termination of arbitrator's mandate 17
General responsibilities of the arbitral tribunal 18
Statements of claim and defense
Hearings and the proceedings
19
Summons to witnesses
Decision making by a panel of arbitrators
20
Termination of proceedings 21
Application for setting aside arbitral award 22
Enforcement of arbitral award 23
Appeal provision and procedure 24
ii
Partha Pratim Debnath
MD. Usama Luizi Farah
Alsuny
MD. Morshadul Momin

6. 01
INTRODUCTION
Alternative dispute resolution (ADR) refers to a range of dispute
settlement methods which help the parties in the dispute to come
to a settlement without going to court, or without litigating on the
said matter. These methods usually involve a third party, who
helps them in settling the disputes. Now we are going to describe
two methods of ADR which are conciliation (in municipal area)
& arbitration

7. The Conciliation of Disputes (Municipal Areas) Board Act, 2004

8. Purpose for passing the Conciliation Act :
The preamble of the Act provides that an Act to constitute conciliation
Board for ease and speedy settlement of certain cases in Municipal
areas, where as it is expedient and necessary to constitute Conciliation
Board for settlement of certain cases in municipal areas.
Composition of the Dispute Conciliation Board :
There shall be a dispute conciliation Board in each
pauroshava settle all disputes as mentioned under the
schedules and name of the Board shall be named after the
name of each Pauroshava.
02

9. Constitution of Board :
A conciliation Board shall be constituted with the following 5 (five)
members, namely-
1. Pauroshava chairman,
2. Two members by the Plaintiff and two members by the defendant.
3. One of the two members to be nominated by each party shall be a
commissioner of the Pauroshova concerned.
4. For incapability of chairman, any commissioner of concern
pauroshava shall preside as the chairman.
03

10. Jurisdiction of the Board
A board may try any offence or subject mentioned in the schedule,
if-
a) The offence occurred or the causes of that offence are occurred
within the each pauro area for which it is constituted.
b) Both parties of the suit generally live within that Pauro area.
04

11. Disputes to be settled by the conciliation Board :
All cases relating to offences or subjects specified in the schedule shall be
settled by the Board. But the Penal code and the code of civil Procedure
are not applicable. And conciliation Board shall not try those cases as
mentioned,
1) A cognizable offence
2) the interest of a minor is involved in the suit,
3) Provision for arbitration has been made in a contract between the
parties to the dispute;
4) The government or local authority or a public servant acting in the
charge of duty is a party to the dispute
05

12. Procedure to institute the suit in the board :
Concerned person having writing in the bangla on white paper which
shall be duty signed or thumb imprisoned may file an application to the
Board and such application the following information shall be cited:
1) Name and address of the member nominated by the applicant.
2) Name and address of each defendant.
3) A copy of each application for serving upon the defendant
4) Application shall be examined by the Paruoshava officer assigned by
the board
5) If it found that the case is not tribal by the board, he will return that
application.
06

13. Decision of the Board :
The decision of conciliation Board is unanimous or by a majority and shall
be written by the chairman himself or as per his direction or any member
shall write it in short or any member of the respective Pauroshava will
write it as per version of the chairman and all the members who are present
at the meeting will put their signature on it.
07

14. Finality of the decision of conciliation Board and appeal :
The decision of the Board shall be taken by the consent of all the members. if it is
not possible and if the board is consists of five number, the decision shall be
regarded as majority if it is by 4:1 or if the present member is four and the
decision is taken by three members that decision shall be treated to be final.
But if the decision of conciliation board is by a majority of three to two (3:2) or
two to one (2:1) then any party aggrieved within thirty days of the decision may
apply in the following prescribed manner-
1) For part I of the schedule, to the Additional District Magistrate, and
2) For Part II of the Schedule to the Joint District Judge and the Additional
District magistrate.
08

15. Part I of the Schedule provides for a list of the criminal cases
a) Offence committed under section 323, 426 or 447, 143, 147,141 where the
member of an unlawful assembly is not more than ten of the Penal code 1860.
b) Offence committed under section 160, 334, 341, 342, 352, 358,504, 506 (first
part), 508, 509 and 510 of the Penal Code 1860.
c) Offence committed under section 379, 380, and 381 when the offence is related
to cattle and the value is less than 25000 Taka.
d) Offence committed under section 379, 380, and 381 when the offence is related
to other property and the value is less than 25000 Taka.
e) Offence under section 403,406,417 and 420 of the Penal Code 1860 and if the
value is highest 25000, taka
09

16. Part II of the Schedule provides for a list of the civil suits, which a
Village Court can deal with. Followings are the list of suits:
a) Recovery of money due on contracts, receipts or other documents.
b) Recovery of movable property, or for the value thereof.
c) Recovery of possession of immovable property within one year of
dispossession.
d) Compensation for wrongfully taking or damaging movable property.
e) Damages by cattle trespass.
f) Recovery of wages and compensation payable to an agricultural laborer.
10

18. Definition of Arbitration :
According to section 2(m) of arbitration act 2001,
"Arbitration" means any arbitration Whether or not administered by
permanent institution.
According to the concise dictionary by V.R. Manohar, "arbitration is a
reference to the decision of one or more persons, either with or without an
umpire of a particular matter in difference between the parties.
11

19. Powers of court and High Court Division to make interim orders :
If the parties do not agree in the case of international commercial arbitration the
High Court Division and in the case of other arbitrations the court may pass
interim order in the following matters:
1) To appoint guardian for minor or insane
2) To take into interim custody of or sale of or other protective measures in respect
of goods or property.
3) To restrain any party to transfer certain property or pass injunction
4) To empower any person to seize, inspect, examine, to take evidence of any
goods or property included in arbitration agreement.
5) To issue ad interim injunction
6) To appoint receiver
12

20. Serving of notice
Before passing order upon application received, the court or the
High Court Division shall serve notice upon the other party.
But if the court or the High Court Division is satisfied that in the
event the order is not passed instantaneously and the purpose of
making interim measures shall be frustrated, there shall be no
necessity of serving such notice.
13

21. Form of arbitration agreement
An arbitration agreement may be in the form of art arbitration clause in a
contract or in the form of a separate agreement. An arbitration agreement
shall be in writing and an arbitration agreement shall be deemed to be in
writing fit is contained in-
a) a document signed by the parties;
b) an exchange of letters, Fax, e-mail or other means of telecommunication
c) An exchange of statement of claim and defense in which the existence of
the agreement is alleged
14

22. Number of arbitrators
The parties are free to determine the number of arbitrators.
Failing the determination of a number, the tribunal shall
consist of three arbitrators. Where they appoint an even
number of arbitrators, the appointed arbitrators shall
jointly appoint an additional arbitrator who shall act as a
chairman of the tribunal.
15

23. Procedures for appointment of arbitrators
A person of any nationality may be an arbitrator unless otherwise agreed
by the parties, if the parties fail to agree on the arbitration within thirty
days from receipt of a request
a) the District Judge shall appoint the arbitrator in case of arbitration other
than international commercial arbitration, and
b) In case of international commercial arbitration the chief justice or any
justice appointed by him shall appoint the arbitrator
But in case of with three arbitrators, each party shall appoint one
arbitrator, and the two appointed arbitrators shall appoint the third
arbitrator who shall be Chairman of the arbitral tribunal
16

24. Termination of arbitrator's mandate
The mandate of an arbitrator shall terminate if
1) he withdraws himself from office:
2) he dies;
3) all the parties agree on the termination of his mandate or
4) he is unable to perform his functions of his office
17

25. General responsibilities of the arbitral tribunal
The arbitral tribunal shall deal with any of the dispute submitted
to it fairly and impartially and for this purpose-
a) Opportunity to present his case orally or in writing or both,
and
b) Opportunity to examine all the documents and other relevant
materials filed by other party
c) Shall deal with a dispute submitted to it as quickly as possible.
d) Shall act fairly and impartially in deciding procedure and
evidence and in exercising other powers conferred on it.
18

26. Statements of claim and defense
Within the period of time determined by the tribunal,
the claimant shall state the facts supporting his
claim, the points at issue and the relief or remedy
Hearings and the proceedings
The tribunal shall decide whether to hold oral hearings
for the presentation of evidence or for oral argument or
whether the proceedings shall be conducted on the basis
of documents and other materials
19

27. Summons to witnesses :
The arbitral tribunal or a party to the
proceedings with the approval of the tribunal
may to the Court for issuing summons upon
any person necessary for examining.
Decision making by panel of arbitrators.
In arbitral proceedings with more than one arbitrator, any
decision of the arbitral tribunal shall be made by a majority
of all its members, Questions of procedure may be decided
by the Chairman of the arbitral tribunal
20

28. Termination of proceedings
The proceeding of the tribunal proceeding shall be terminated in the following
1) By the final arbitral award;
2) The arbitral tribunal shall issue an order for the termination of the arbitral
proceedings where-
a. the claimant withdraws his claim
b. The parties agree on the termination of the proceedings:
3) If the continuation of the proceedings is unnecessary or impossible
21

29. Application for setting aside arbitral award
The Court may set aside any arbitral award under this Act other than an
award made in an international commercial arbitration on the
application of a party within sixty days from the receipt of the award.
The High Court Division may set aside any arbitral award made in an
international commercial arbitration held in Bangladesh on the
application of a party within sixty days from the receipt of the award
22

30. Enforcement of arbitral award
Where the time for making an application to set aside the arbitral
award has expired, or such application having been made, has been
refused, the award shall be enforced under the Code of Civil
Procedure in the same manner as if it were a decree of the Court.
23

31. Appeal provision and procedure
An appeal shall lie from the following orders of the Court
to the High Court Division, namely -
a. setting aside or refusing to set aside an arbitral
award.
b. refusing to enforce the arbitral award.
c. Refusing to recognize or enforce any foreign
arbitral award
Appeal
24