"All cases relating to foreign employment shouldn't be forwarded to arbitration"
January 27, 2020 09:36 PM NPT
By: Kamal Subedi
KATHMANDU, Jan 27: Justice at the Supreme Court Ishwar Prasad Khatiwada stated that all the cases related to foreign employment should not be settled through reconciliation only.
Speaking at an oath-taking ceremony for the arbitrators organized by the Department of Foreign Employment (DoFE), Justice Khatiwada opined that the disputes should not be transferred to arbitration if they are not appropriate for that and if they are no longer appropriate to be resolved through the judicial process. "Only such cases should be settled through reconciliation," he said.
"The role of arbitrators is pivotal in order to provide legal remedies to the issues."
According to Khatiwada, justice can't be given through monetary calculation; rather a balance between two parties is a must.
On the occasion, Deputy Attorney General Padma Prasad Pandey underscored the need for an atmosphere in the society so that such cases and decisions made can be taken as a normal process.
"Filing a case is not only important. But we should make the society as easy as possible," he said adding that society needs an environment of reconciliation not only the dispute.
Also speaking on the occasion, the Director-General at DoFE Bishma Kumar Aryal talked about the concerns that the arbitration process may sometimes be lengthy.
According to him, arbitrators should act wisely since there is perception among the common people that all the foreign employment entrepreneurs are cheating the innocent people flying abroad in search of job opportunities.
"The arbitrators now have the challenge to gather enough proofs and settle the cases. Earlier, such cases used to be resolved through moral pressure."