Adr strategy

Skill Zerif007/Claude_Legal-Bangladesh_Edition/bd-litigation-legal/skills/adr-strategy

Cluade Legal Bangladesh Plugin and Skill Suite

Install

npx -y skills add Zerif007/Claude_Legal-Bangladesh_Edition --skill adr-strategy

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Picks and executes the ADR pathway for a Bangladesh dispute — arbitration under the Arbitration Act 2001 (domestic or foreign-seated), court-annexed mediation (CPC ss.89A–89C), Labour Act conciliation, or settlement architecture. Use for "should we arbitrate", "mediation", "settle this", "enforce this award", or ADR clause design.

SKILL.md

2.3 KB, as published. Nobody here has run it

ADR Strategy — Bangladesh

Read references/courts-and-adr.md; config for ADR posture and settlement authority.

Decision frame

Clause already exists? Map it: seat, rules, seat-court, language, appointing authority. Bangladesh-seated → Arbitration Act 2001 fully applies (interim relief s.7A, set-aside s.42–43 with the 60-day clock). Foreign-seated → recognition/enforcement via ss.45–47 (NY Convention), but Bangladesh-court interim measures in aid of foreign-seated arbitrations are unsettled case-law territory — state both lines and escalate.
No clause, dispute live? Post-dispute arbitration agreement possible but rare; court-annexed mediation (s.89A) is the realistic settlement engine once a suit exists — and is effectively a mandatory stage in many civil suits.
Award in hand? Enforcement roadmap: domestic award → execution as decree after set-aside window; foreign award → HCD enforcement application, grounds for refusal s.46 (narrow, public-policy ground is the battleground). Foreign judgment instead of award → warn: much harder (CPC s.13/44A), which is why the clause-design default below exists.
Labour disputes: conciliation machinery (BLA Ch. XIV) precedes strikes/Labour Court on industrial disputes — sequence matters.

Clause-design defaults (transactional support)

Domestic-domestic: BIAC or ad hoc UNCITRAL, Dhaka seat, English language, sole arbitrator under [threshold], three above. Cross-border: SIAC/ICC, Singapore seat common, Bangladesh governing law possible with foreign seat — flag the interim-measures gap. Always pair with an asset-jurisdiction enforcement plan.

Output

Attorney-review draft: recommended pathway + why, procedural steps with the statutory clocks, settlement-authority check against config, draft clause or mediation position paper as requested, escalations (public-policy set-aside defence, state-party disputes, multi-contract consolidation questions).