Kamal Hossain Meahzi

Dispute resolution through Alternative Dispute Resolution (ADR) methods received massive legislative support and recognition in Bangladesh in the last two

The legal framework for dispute resolution through alternative methods has reached a level of maturity in Bangladesh.

In many instances, an Act of Parliament includes a provision allowing the government or the relevant authority to make rules for carrying out the provisions of the concerned Act. Under an Act of Parliament, the rules are framed as directives and/or instructions for the users of the legislation in question. If rules are framed as such, more clarity is brought about and confusion about many provisions of the relevant statute gets dispelled. It also helps to carry out the purpose of the legislation in line with the intention of the legislature. 

For dispute resolution through alternative methods, prior to making a claim in courts, Bangladesh Labour Act, 2006 (herein after ‘the Act’) has provided for two mechanisms, one is available under section 33 of the Act (a complaint in writing to the employer) and the other is accessible only when it is an industrial dispute and raised by a collective bargaining agent or employer within the meaning of section 2(62) read with section 209 of the Act.

In the last few years, Bangladesh has given its business environment a facelift to attract investments. To curtail excessive red tapism in company registration, the incorporation of company has been simplified by digitalisation.