Arbitration
Arbitration is the hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed. In addition, arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), which renders the “arbitration award”. Afghanistan Center for Commercial Dispute Resolution (ACDR) is a unique center in Afghanistan where domestic and international businesses can submit their cases for arbitration. The ACDR has developed an arbitration rules (which is available at Rules & Procedure section of our website) that applicable on arbitration proceedings. The arbitrators are at ACDR are highly qualified lawyers and having a wide range of experience in doing arbitration. Due to its professional environment, the ACDR encourages domestic and international businesses to resolve their disputes through arbitration in this distinctive center.
Mediation
Mediation is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters.
Afghanistan Center for Commercial Dispute Resolution (ACDR) is a sole center which provides Alternative Dispute Resolution (ADR) services such as mediation to the domestic and international businesses under ACDR mediation rules. Mediation under ACDR rules is confidential, voluntary, non-binding and a private dispute resolution process in which a mediator helps the parties to reach a negotiated settlement. The parties by mutual consent may vary any part of these rules including conducting the mediation by electronic or telephonic or alternative technical means.
Expert View
An expert-view is an inspection method designed to identify problems or/and audit a case referred by the Commercial Courts of Afghanistan to the Afghanistan Center for Commercial Dispute Resolution (ACDR). The audit is carried out by independent and impartial expert or a small group of experts who physically visit the site in order to identify potential problems and report to ACDR. These experts are highly experienced in their relevant fields. ACDR’s expert team are included well-known national entrepreneurs in dried fruits, constructions, import-export, petroleum products, grocery, agriculture products, and etc. Following receiving expert-view, the ACDR case management team draft a detail report and submit it to the court along with expert’s findings.
Calculation
Due to its credibility, commercial courts submit audit cases to ACDR to provide professional view on the shares of each part. The ACDR has contracted with a couple of renowned audit companies to provide audit services to the particular case. Based on contract, the audit company provides its audit services on due time to ACDR. Following the revision, the final report are submitted to commercial court for their consideration.
