Following the MoU signed by Afghanistan Center for Commercial Dispute Resolution (ACDR) and Avicenna University; on December 30, 2020 ACDR organized a seminar entitled “Recognition and Enforcement of Commercial Arbitration Awards in the Legal System of Afghanistan”.
Mr. Shafiqullah Atayee, Deputy to Policy and Technical Affairs and Acting CEO of Afghanistan Chamber of Commerce and Investment (ACCI), Mehdi Khirad, Acting Executive Director of ACDR, Dr. Abdullah Shifaee, University Lecturer and Acting Director of Independent Commission for Overseeing the Implementation of the Constitution of Afghanistan, Dr. Vaheed Afzali, Law Faculty Dean at Avicenna University, Mr. Fareed Khoshaki, Director of Rights (Hoqooq) Department of Ministry of Justice of Afghanistan, Commercial Court Judges, Members of Afghanistan Independent Bar Association (AIBA), Lawyers, Post-graduate University students, and representatives of private sector participated in the event.
Mr. Shafiqullah Atayee, while welcomed the participants he said: The issue of commercial disputes settlement is one of the major glitches for the private sector in the courts of Afghanistan. To mitigate burdens on commercial courts of Afghanistan as well as settle the disputes of private sector via Alternative Dispute Resolution (ADR), ACDR was established as an independent body in 2015.
Dr. Abdul Vaheed Afzali, provided information regarding the developments on legal systems over the past few years in Afghanistan. As a result of such developments, ADR has introduced in the legal system of Afghanistan which can facilitate the resolution of commercial disputes within lesser time and cost. Arbitration, as an ADR mechanism is taught in most popular universities of the world and fortunately, Avicenna University has considered arbitration as compulsory subject and other universities as an optional subject in the post-graduate studies in Afghanistan.
Mr. Mehdi Khirad, provided information regarding the services of ACDR including arbitration, mediation, calculation/audit and expert view. He added that ACDR is the only organization in the country which is providing institutional alternative dispute resolution services in Afghanistan. Since its establishment, the center has resolved more than 200 commercial cases through ADR mechanism. The Center is pleased to resolve several commercial cases through arbitration and mediation in accordance with the Arbitration, Mediation and other relevant laws, as well as arbitration and mediation rules of ACDR. ACDR provides valuable facilities for large, medium and small entrepreneurs in resolving their disputes.
At the end presentations on following topics were delivered by presenters: competencies of arbitration in the light of the constitution of Afghanistan by Dr. Abdullah Shifaee; intervention of commercial courts in recognition of arbitral awards by Dr. Afzali; and enforcement of arbitration awards in the legal system of Afghanistan by Mr. Fareed Khoshaki.
