Law of Obligations: Core Legal Concepts for Arbitrators

The Law of Obligations forms the backbone of legal frameworks governing disputes, making it essential for arbitrators in alternative dispute resolution (ADR). Bangladesh International Arbitration (BIArb) emphasizes these principles to equip arbitrators with the knowledge to resolve conflicts fairly, aligning with Bangladesh’s Arbitration Act, 2001, and global standards.

Obligations arise from contracts, torts, or statutory duties, defining the legal responsibilities between parties. Contractual obligations, rooted in agreements, require performance or remedies for breach, such as damages or specific performance. Torts address civil wrongs, like negligence or defamation, imposing liability for harm caused. Statutory obligations, under laws like the Contract Act, 1872, in Bangladesh, enforce compliance with regulatory duties. Arbitrators must understand these concepts to assess liability and remedies in disputes, particularly in commercial and trade cases.

In arbitration, the Law of Obligations guides the interpretation of agreements and the evaluation of claims. For instance, Section 10 of the Arbitration Act, 2001, ensures enforceable contracts underpin arbitration agreements. Arbitrators apply principles like good faith, causation, and foreseeability to determine breaches or damages, as seen in 2024 BIArb cases involving construction disputes. BIArb’s training, including a June 2025 workshop, covers these concepts through case studies and practical exercises.

Core Concepts for Arbitrators

• Contractual Duties: Enforcing promises and assessing breaches.
• Tort Liability: Addressing harm from negligence or intentional acts.
• Statutory Obligations: Compliance with legal mandates.
• Remedies: Crafting fair solutions like damages or injunctions.
• BIArb Support: Resources for applying obligation principles.

BIArb’s Resource Hub offers guides on obligation laws, emphasizing their role in arbitration under UNCITRAL principles. In Bangladesh, where judicial backlogs persist, understanding obligations ensures swift, equitable resolutions. Arbitrators must navigate cultural nuances, as seen in 2024 garment sector disputes, applying obligation principles to uphold fairness. BIArb’s courses teach arbitrators to balance legal rigor with practical solutions, fostering trust in ADR.

Mastering the Law of Obligations enhances arbitrators’ ability to deliver just outcomes. Join BIArb’s training to deepen your expertise and contribute to Bangladesh’s ADR ecosystem.