On Monday 5th November 2018, Kardan University hosted a Conference on Arbitration & ADR (Alternative Dispute Resolution) which was organized by ICC Afghanistan and ICC Young Arbitrators Forum (YAF).
The conference was generously sponsored by SHAJJAN & ASSOCIATES, Attorneys & Counselors at Law. The conference witnessed welcoming remarks by Mr. Abdul Qadir Bahman, Secretory General & CEO of ICC Afghanistan and he stated, “Arbitration plays a crucial role in commercial disputes and can tackle many legal challenges. ICC Arbitration is a suitable option for Afghanistan and there is no doubt that arbitration plays a vital role in attracting and maintaining greater investment in the country. Furthermore, he added that besides, we have to strengthen our local Arbitration centers.
Then Dr. Ahmad Khalid Hatam, Dean, Faculty of Social Sciences at Kardan University welcomed the participants on behalf of Kardan University. Moreover, he emphasized that through organizing such events we are able to better inform, connect and inspire young professionals with interests in Alternative Dispute Resolution. In the second session, Dr. Ahmad Khalid Hatam, Mr. Sayed Zaman Hashimi, Mr. Saeeq Shajjan and Mr. Ali Ahmadi well known legal scholars, had hot discussions on Arbitration & ADR in two separate panels: First panel discussion, Mr. Ali Ahmadi and Mr. Sayed Zaman Hashimi, Vice Chairpersons, ICC Afghanistan Arbitration & ADR Commission discussed about the types of ADR, benefits of arbitration and Investment Arbitration. Followed by the second panel discussion Mr. Saaeq Shajjan, Founder & Managing Partner, SHAJJAN & ASSOCIATES, Attorneys and Counselors at Law and Dr. Ahmad Khalid Hatam, Dean, Faculty of Social Sciences shared their ideas and discussed about the process of the selection of Arbitrators, case management.
Besides, they put emphasis on parties’ agreement for choosing arbitration as an alternative way for resolving their dispute. Furthermore, they discussed about the challenges regarding the recognition and enforcement of foreign arbitral award in Afghanistan to which Afghanistan is signatory. In the closing, Mr. Abdul Qadir Bahman summed up the conference and emphasized on the following issues:
1. A specific structure and mechanism for recognizing and enforcing of foreign arbitral award should be established within the government sectors in accordance to New York convention to which Afghanistan is a signatory.
2. Foreign arbitral awards should be enforced in accordance to New York convention to which Afghanistan is a signatory.
3. Organizing awareness programs, workshops, trainings and conferences for Judiciary and business sectors.
4. Government should Support and collaborate with ICC Afghanistan concerning ICC Arbitration and ADR services.
5. Government and private Universities should add and name Commercial Arbitration as one of the major subject in their academic curriculum.