Key Issues of Arbitration & Mediation
Concerned stakeholders should establish a framework in a Professional way for working together towards the promotion of Arbitration and Mediation as a means for the peaceful settlement of national and international commercial, service sector disputes. Buddhist countries implemented Buddhist economy theory in their practices, however, in the land of Gautam Buddha the behavior change practices are lacking among citizens including the team leaders who claim to be professionally practicing in this sector. Regional and international learning lessons should be shared through participation in international exposures which is lacking in Nepal.
Concerned stakeholders should be able to exchange information and publications of mutual interest in the field of ADR and organize Seminars, Webinars, Symposia, Workshops, Conferences, Awareness and Training programmes relating to ADR and provide facilities and support towards resolution of Arbitration and Mediation. Nepal government should allocate adequate budget for such programs.
Example :
The explosive expansion of the use of the Internet makes it possible for businesses and service sectors to expand their markets and render services to large groups of e-consumers. Where off-line transactions can lead to problems and disputes, the same is true for online transactions. In other words: e-commerce transactions will sometimes result
in e-disputes. To ensure that all parties concerned will feel they can safely participate in e-commerce transactions it is imperative that e-disputes are resolved adequately, because uncertainty over the legal framework may inhibit both consumers from purchasing products or services over the Internet, and companies from entering into the electronic market place.
The success of digital Nepal mission will remain solely contingent on the extent to which this broad framework outlining the digital initiatives are mapped out to new political reality of Nepal – i.e., Nepal’s transition from unitary system of government to a federal one with Provincial Government and Local Level constitutionally empowered to take full charge of their socio-economic development agenda. It is imperative therefore to ensure that strategies are developed to fully on-board Provincial Government and Local Level as key pillars of mission execution and concrete follow-up measures are taken to map digital initiatives to all 3 tiers of the government. Nepal government still has not fully engaged Ministry of Law, Justice and Parliamentary Affairs (Nepal) to look into inclusion of legal components in Digital framework Nepal program.
Nepal International ADR Centre (NIAC) Successfully Organized Consultation Program on Key Issues of Arbitration & Mediation In Nepal on 24th December 2022(Poush 9, 2079)