About LCLS (S) Publishing:
Since its inception in 2004, LCLS-South is committed to contributing to the legal studies environment offering international undergraduate and graduate degree programmes, vocational and clinical legal education and training as well as subject-focused certification and short courses for students, practitioners, activists and the academia. LCLS-S also places a particular emphasis on the need for and significance of promoting and engaging in research, networking and scholarly publication on demanding issues of contemporary relevance. This book is an effort to carry forward these visionary objectives.
A Compilation of Reflective Essays:
In the backdrop of the on-going COVID-19 pandemic that has impacted all segments of life worldwide, including the inevitable ramifications in the access to justice and dispute settlement atmosphere, this anthological compilation incudes six reflective essays authored by reputed academics, practitioners and scholars in the legal field in Bangladesh. The book begins with a detailed insight into the challenges and opportunities of using alternative tools, methods and approaches for dispute resolution, ADR-ODR in particular, in the wake of the ongoing pandemic. The second chapter then assesses the scope and limitations of commercial mediation in Bangladesh by undertaking a comparative analysis of Bangladesh’s approaches and practices in this regard vis-à-vis the global community. The third chapter covers an extended study on the root causes of the enormous backlog of cases in Bangladesh and the measures that can be taken to ensure justice by reducing the number of cases within the shortest period of time. The author of the fourth chapter has sought to determine the status of Shari’ah as the applicable law for the settlement of international commercial disputes through reviewing a number of landmark cases from the United States and the United Kingdom. The fifth chapter sheds light on the alarming rise in Bangladesh in violence against women and children during the COVID-19 crisis and how the proliferated lack of access to justice has played a crucial role in this regard. The final chapter six presents a thought-provoking discussion on the issue of whether ADR should be considered as a substitute for the formal system for all legal issues and disputes while addressing the challenges and possibilities of using virtual hearing technologies and remote dispute settlement platforms during the pandemic and beyond.
Dr. MD Parvez Sattar has over twenty five years’ professional experience in the area of governance, law and human rights research, policy advisory services and development program management. Parvez obtained LLB Honours (First Class) and LLM (1st position in the First Class) from the University of Dhaka, Bangladesh. He was then awarded the Commonwealth Scholarship in the United Kingdom to pursue an advanced postgraduate research (APG) on international and comparative human rights and humanitarian laws and obtained a PhD on Human Rights & Rule of Law (1998) from the University of Leicester, UK. He also obtained a Postgraduate Diploma on international protection of human rights from the University of Turku, Finland (Fellowship of the Council of Europe) as well as several other research scholarships in his relevant fields including a Special Study Program in Seattle, WA, USA as a USIA Scholar, CIDA fellowship on child rights and youth development in Ottawa, Canada; and several other scholastic leadership development programs across Europe. In his illustrious career as a development research professional, Dr. Parvez Sattar served at senior management positions with numerous international organizations and diplomatic missions as well as serving as consulting advisor (legal and institutional governance expert) to numerous Ministries of the Government of Bangladesh including its Ministry of Law, Justice and Parliamentary affairs. Dr. Sattar’s research and development program interventions contributed to a number of cross-sectoral legal, institutional and policy reformsin Bangladesh notably development and reform of Bangladesh’s ADR frameworks, national legal aid scheme and establishment of the National Human Rights Commission, among others. Since September 2017, Dr. Sattar has been employed as a faculty at the Department of Law, Independent University, Bangladesh. He is also an Honorary Academic Advisor to the London College of Legal Studies (South) for its BPPP-UK and University of London international LLB and LLM programs.
Professor Mohammad Nazmuzzaman Bhuian is a Professor in the Department of Law, University of Dhaka. He completed his PhD at the School of Oriental and African Studies (SOAS), University of London, under the British Commonwealth Scholarship. He is a member of the Executive Council of the Asian Society of International Law and also the current Vice-President of the Bangladesh Chapter of the Asian Society of International Law. He works as a Consultant with the Bangladesh Police, United Nations Development Programme (UNDP), International Committee of the Red Cross (ICRC) and International Federation of the Red Cross and Red Crescent Societies (IFRC). His areas of expertise include: International Humanitarian Law, International Human Rights Law, Media Law, Disaster Law and Legal Systems of Asia and Africa. He has to his credit several books and research papers published in reputed Journals
Mr. Nuran Choudhury is a young practitioner and academic from Bangladesh. His interests in the fields arrayed from criminal justice delivery system to dispute resolution mechanism which has given him the opportunity to work with American Bar Association, Dispute Resolution Committee, Research and Migratory Movements Research Unit (RMMRU), Bangladesh Institute of Law and International Affairs (BILIA), and in different other private and state-owned organizations. He recently drafted a dispute resolution model for Research and Migratory Movements Research Unit (RMMRU), Bangladesh and Bureau of Manpower, Employment and Training (BMET) to resolve disputes related to migration and migrant workers. He led the research team of the first ever research work conducted on the Death Penalty from justice delivery perspective in Bangladesh under the Death Penalty Project managed by BILIA and funded by DPP-UK. Mr. Choudhury pursued his LL.M. in Litigation and Dispute Resolution from the Law School of The George Washington University. He received U.S. presidential honor for pro bono service. He completed his previous LL.M. (Human Rights and International Law) and LL.B. from University of Dhaka. Mr. Choudhury introduced Philip C. Jessup International Law Moot Court Competition in Bangladesh and was honored for his contribution in 2017 in Washington D.C. He is the current national coordinator of ILSA Chapters, Bangladesh
Dr A.B.M. Mahmudul Hoque completed his LL.B (Hons) and LL.M from Rajshahi University in the year 1996. He stood 3rd out of 162 recruited Judges in the 18th BCS examination and joined in the Bangladesh Judicial Service as an Assistant Judge in the year 1998. As a Judge for 22 years he worked in different districts of Bangladesh as an Assistant Judge, Senior Assistant Judge, Joint District Judge, Additional Chief Judicial Magistrate, Additional District Judge, Chief Judicial Magistrate and Judge (District Judge) (Nari-O-Shishu Nijatan Damon Tribunal). He also worked as Senior Assistant Secretary at Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs. In 2006, he got fellowship in the M. Phil programme at the Institute of Bangladesh Studies, Rajshahi. In 2011, he obtained Ph.D. from the same institution on “Institutionalizing Alternative Dispute Resolution in the Justice System of Bangladesh with Special Reference to Village Court”. In 2015 his first book named “Alternative Dispute Resolution in Bangladesh: Challenges and Prospect” was published. Mahmud is currently working as a District Judge at Bhola. He wrote numerous number articles in reputed journals focusing particularly on reducing backlog of cases and effective justice delivery system in Bangladesh.
Professor Dr Muhammad Anowar Zahid is the Dean, Faculty of Law, and Director, Centre for Research and Development (CRD), Eastern University, Dhaka, Bangladesh. Prior to the present position, he was an Associate Professor and the Director for the Centre of International Law and Siyar (Islamic International Law)- CILAS, Faculty of Law, Universiti Kebangsaan Malaysia- UKM (National University of Malaysia). Earlier, he was an Associate Professor at the Department of Law, University of Dhaka. With his teaching and research interests in international business and Islamic law, Professor Zahid has published extensively in various internationally acclaimed journals. He is a member of the Editorial Board of the Journal of the Centre for Research in Law and Development in Asia, and also of Eastern University Journal. He is the country reporter for International Corporate and Commercial Law Review-ICCLR (UK). He served as a member of the Editorial Board of International Journal of Civil Society Law, Columbus School of Law, Catholic University, Washington DC, USA (2012). In the area of his expertise, Professor Zahid supervised a number successfully completed PhD and LLM theses. He has been a PhD thesis examiner for the Macquarie University (Australia), Wollongong University (Australia) and National University of Malaysia. He may be contacted at firstname.lastname@example.org; email@example.com
Dr. Assaduzzaman Khan International Commercial Arbitration and Investment Dispute are his core area of research. He attained LL.B (Hons.) from International Islamic University Malaysia (IIUM) in Common Law and Islamic Law discipline. Further he has obtained his specialized LL.M in International Commercial Arbitration Law (ICAL) from The University of Stockholm followed by a PhD research in the field of investment dispute from The University of Southampton. He was teaching in the Southampton Law School for three years as a lecturer. He also taught in the University of Portsmouth and Bournemouth University in UK. He has also served Taylor’s Law School as Director of LL.B Programme for three and half years. He was the Editor-in-Chief of the Journal of Centre for Research in Law & Development in Asia (CRELDA). After leaving Taylor’s he was working as Dean of the Faculty of Business & Law, Geomatika University College (GUC). Currently he is working as an Associate Professor in the Department of Law, Independent University, Bangladesh (IUB)
Shahariar Sadat is currently the Head of Programme of Human Rights and Legal Aid Services (HRLS) at BRAC. He is an Advocate of the Supreme Court of Bangladesh and an accredited mediator and master trainer on mediation. He has been invited to join the Global Mediation Panel of the Office of the Ombudsman for United Nations Funds and Programmes. He has worked as country mediator of the Compliance Advisor Ombudsman of the World Bank Group and a mediator for the Independent Redress mechanism of Green Climate Fund. He is associated with Bangladesh International Arbitration Centre (BIAC) as a panel mediator and master trainer. Shahariar had been an adjunct faculty of University of Liberal Arts Bangladesh and University of Dhaka. He was the Academic Coordinator and Research Manager of South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) and played the key role of Academic Coordinator at the Centre for Peace and Justice (CPJ), BRAC University. Mr Sadat graduated in Economics from University of Dhaka and achieved Master’s in Social Science in Economics. Afterwards he graduated in Law from University of London and completed Master’s in Industrial and Employment Relations from ITCILO under University of Turin with distinction.
Rifat Rahman is a Barrister-at-Law who had been called to the Bar of England and Wales by The Honourable Society of Lincoln’s Inn, UK. Prior to his Bar training, he obtained his Post Graduate Diploma (PgDL) in Legal Studies from City, University of London, UK, Master of Laws (LLM) from BPP University, UK and LLB (Hons) from London South Bank University, UK. His interest ranges from Fintech regulation to Alternative Dispute Resolution; as such he specialized in “Financial Regulation and Compliance” in the LLM course. Upon being called as a Barrister, he joined Mahbub & Company, a full set of chambers as a “Corporate and Commercial Associate”. His versatile career ranges from his specialization in mergers & acquisition, financial and securities law, financial compliance, foreign investment, employment law, alternative dispute resolution, etc. Rifat is also a Lecturer at the Undergraduate Program of London College of Legal Studies (South), one of the leading legal education institutes in Bangladesh. He is an Associate Arbitrator of ADR ODR International and a Bar Representation Committee Member of The Honourable Society of Lincoln’s Inn. He is also affiliated to multiple national & international ADR, Law Reform and Regulatory based associations.
Nusrat, Barrister of Lincoln’s Inn was called to the Bar of England and Wales after completing her LL. B (hons) from University of London. She is an Accredited Civil Commercial Mediator, Accredited Negotiator and Associate Arbitrator at ADR ODR International, UK. She is also a lecturer at LCLS(South). Being the Director of Operation for ADR ODR International in Bangladesh and the co-founder of the club ADR Cell, which meticulously paves its way to train the youth towards becoming a peacemaker, she is keen to shape her career as an ADR specialist at a global scale.
Tahsin, Advocate at the Dhaka District Court and a Barrister of Lincoln’s Inn, has completed her Masters of Laws(LLM) from University of Derby, UK. She is also an Accredited Civil and Commercial Mediator and has obtained a double major in Economics and Law from North South University and University of London respectively.
She has also worked as a Research Assistant at Bangladesh Institute of Law and International Affairs (BILIA). Apart from that she is a regular contributor at a legal blog, I Know, Right as she believes that every citizen should be legally empowered by becoming aware of their legal rights
In the backdrop of the on-going COVID-19 pandemic that has impacted all segments of life worldwide, including the inevitable ramifications in the access to justice and dispute settlement atmosphere, LCLS-S has undertaken a book project compiling a number of reflective essays from reputed scholars and authors in Bangladesh. The anthological compilation, to be edited by Dr. MD Parvez Sattar, a renowned scholar in the access to justice sector, will be published in January 2021. The focal attention of the analects will be stapled around the cardinal concept of Access to Justice and Dispute Settlement in the New Normal Legal Order: A Compilation of Reflective Essays.
The essence of the paper is threaded to, but not necessarily limited by, areas related to-
- Access to justice and dispute settlement in the global and/or country-specific contexts;
- Informative and analytical thoughts on alternatives to traditional means and methods of conflict resolution/management;
- Role and significance of ADR/ODR in the context of the on-going pandemic (‘theory and practice’ in general as well as post-pandemic legal order); and
- Constraints and opportunities for institutional, regulatory and implementation reforms of justice delivery mechanisms required to address existing and emerging issues and challenges.
The book will be published by Dr. Khaled Hamid Chowdhury, LCLS Publishing, Dhaka, Bangladesh