CORRUPTION IN SOUTH ASIA -V -THE FUTURE OF ALTERNATIVE DISPUTE RESOLUTION
If the economic benefits of ADR are to grow and develop in South Asia, greater progress will need to be made in fighting political corruption.
Politically motivated prosecutions and government interference to circumvent judicial processes are especially problematic, with several judges being convicted of receiving bribes. The perception that corrupt individuals and organisations can evade prosecution leads to a lack of trust in a system apparently lacking in oversight or accountability and the inevitable question ‘if you can’t trust the judiciary, why should you trust an arbitrator or mediator’ ?
Without specific commitments to eradicate corruption we could face a fight to encourage individuals and business in South Asia to accept and use alternative dispute resolution mechanisms. However, the onus to tackle corruption is not just on individual countries but on society as a whole with the aim of supporting those who advocate alternative dispute resolution as an effective and cost efficient method of solving disputes.
Note to Editor:
About Prime Dispute:
Prime Dispute is a global organisation; which provides over 4 decades of dispute resolution experience; developing innovative solutions for disputes; in a wide range of industry sectors.
Prime Dispute mission is to ‘Increase the awareness of dispute avoidance/resolution mechanisms and ensure clients avoid the unnecessary costs of litigation’ www.primedispute.com
For more information please email: contact@primedispute.com
Join Today! Prime Dispute
If the economic benefits of ADR are to grow and develop in South Asia, greater progress will need to be made in fighting political corruption.
Politically motivated prosecutions and government interference to circumvent judicial processes are especially problematic, with several judges being convicted of receiving bribes. The perception that corrupt individuals and organisations can evade prosecution leads to a lack of trust in a system apparently lacking in oversight or accountability and the inevitable question ‘if you can’t trust the judiciary, why should you trust an arbitrator or mediator’ ?
Without specific commitments to eradicate corruption we could face a fight to encourage individuals and business in South Asia to accept and use alternative dispute resolution mechanisms. However, the onus to tackle corruption is not just on individual countries but on society as a whole with the aim of supporting those who advocate alternative dispute resolution as an effective and cost efficient method of solving disputes.
Note to Editor:
- Transparency International’s corruption perception index (CPI), measures the perceived levels of public-sector corruption in a given country. From 175 countries worldwide Sri Lanka was ranked joint 85 with India in 2014. In the South Asia Region, Sri Lanka ranks much higher than Pakistan at 124 and Bangladesh at 145. https://www.transparency.org/
- Article supports India’s anti-corruption creativity but concludes ‘India is still a one man, one bribe democracy’: http://www.theguardian.com/commentisfree/2015/apr/06/india-corruption-bribery-zero-rupee-note
- Article highlights corruption in Pakistan and the issues faced by the judiciary: http://www.pakistantoday.com.pk/2015/01/10/comment/corruption-in-pakistan
- India set to allow foreign lawyers to act in arbitration cases: http://www.out-law.com/en/articles/2015/july/india-set-to-allow-foreign-lawyers-to-act-in-arbitration-cases/
- UK government providing Guidance on the issues of bribery and corruption in Sri Lanka: https://www.gov.uk/government/publications/overseas-business-risk-sri-lanka/overseas-business-risk-sri-lanka
About Prime Dispute:
Prime Dispute is a global organisation; which provides over 4 decades of dispute resolution experience; developing innovative solutions for disputes; in a wide range of industry sectors.
Prime Dispute mission is to ‘Increase the awareness of dispute avoidance/resolution mechanisms and ensure clients avoid the unnecessary costs of litigation’ www.primedispute.com
For more information please email: contact@primedispute.com
Join Today! Prime Dispute
