ICDR Arbitration Bangladesh 2026: AAA-ICDR and JAMS Rules, Fees, US Seats and Enforcement

ICDR arbitration Bangladesh parties face: rules, seats and enforcement in 2026

ICDR arbitration Bangladesh businesses encounter usually arrives in a purchase order, a supply contract or a buyer's standard terms drafted in the United States. A US retailer sourcing knitwear from Gazipur, a California cotton merchant selling to a Narayanganj spinning mill, or an American supplier commissioning machinery in an export processing zone will often choose the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA), or JAMS. Its consequences, from where the hearing takes place to whether the award can be collected in Dhaka, last for years.

This guide covers what Bangladeshi and US parties need to know in 2026: the AAA and ICDR rules, how to commence an ICDR case, the 2026 ICDR and JAMS fees, the JAMS rules revised on 1 March 2026, US seats under the Federal Arbitration Act, US discovery after ZF Automotive, and enforcement in both directions. Where a TRW guide already covers a point in depth, we link to it rather than repeat it.

Summary: The ICDR administers international cases under its International Arbitration Rules, in force since 1 March 2021, with a fee schedule amended from 1 September 2025; JAMS revised its International Arbitration Rules from 1 March 2026. A US-seated award involving a Bangladeshi party falls under the New York Convention chapter of the Federal Arbitration Act, can be confirmed in a US court within three years, and is enforced in Bangladesh by the District Court, Dhaka, also within three years. Discovery under 28 U.S.C. § 1782 is no longer available for private arbitration.

Key point: Time limits now decide more US–Bangladesh awards than the merits. A US award creditor has three years to seek confirmation under 9 U.S.C. § 207; in Bangladesh, the High Court Division held on 26 February 2026 that a California cotton supplier which waited more than eleven years to enforce a Liverpool award against a Bangladeshi mill was out of time, and that the delay could not be condoned.

At a glance

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Table of Contents

Why ICDR arbitration Bangladesh contracts with US counterparties keep appearing

The United States is the single largest destination for Bangladeshi goods. In fiscal year 2025-26 Bangladesh exported USD 9.04 billion of goods to the US, of which garments accounted for USD 7.74 billion.[14] Trade on that scale produces disputes: cancelled or delayed orders, quality claims, chargebacks, late payment and, since 2025, arguments over who absorbs US tariff changes. The US imposed a 10 per cent duty on Bangladesh under section 301 of the Trade Act 1974 from 24 July 2026, after the Supreme Court struck down the earlier "reciprocal" tariffs in February 2026, leaving the total tariff on Bangladeshi garments at 25.62 per cent.[14]

US buyers and suppliers draft in their own legal culture, and their terms typically name a US institution, a US seat and a US governing law. For a Bangladeshi factory the result is an arbitration that differs from a Dhaka-seated case under the Arbitration Act 2001 in its supervisory courts, discovery habits and fee structure. Our overview of international commercial arbitration in Bangladesh compares these choices with SIAC, ICC and the LCIA.

AAA or ICDR: which rules does your clause trigger?

Many garment-sector clauses still say only "arbitration before the American Arbitration Association". Article 1(1) of the ICDR Rules answers what that means in a cross-border contract: the ICDR Rules apply where the parties have agreed to them, or have provided for arbitration of an international dispute by the ICDR or the AAA without designating particular rules, and the ICDR administers the case.[1] The ICDR Rules use the UNCITRAL Model Law definition of an international arbitration, which a dispute between a Bangladeshi and a US company plainly meets.[1] Where a clause expressly selects the AAA Commercial Arbitration Rules, however, the parties have designated particular rules, and those domestic rules, written for US-to-US disputes, will govern.

What the international rules add

The ICDR Rules contain protections that matter to a Bangladeshi party. The Administrator may appoint, or list, arbitrators of a nationality other than that of any party.[1] Absent agreement, the language is that of the documents containing the arbitration agreement.[1] The award must state reasons unless the parties agree otherwise, and punitive or exemplary damages are waived unless the parties agree otherwise.[1] Both points help at enforcement in Bangladesh, where an unreasoned or punitive award invites argument under the public policy ground in section 46 of the Arbitration Act 2001.

The US subsidiary trap

Many Bangladeshi groups sell through a US sales company, and many US brands buy through local buying offices. Section 202 of the Federal Arbitration Act excludes from the New York Convention a relationship entirely between US citizens, counting US-incorporated companies as citizens, unless it involves property, performance or enforcement abroad or another reasonable relation with a foreign state.[6] A contract between two US entities for goods made in Bangladesh will usually pass the foreign-performance test, but check before drafting.

The ICDR International Arbitration Rules in 2026

The current text is the ICDR International Dispute Resolution Procedures, amended and effective 1 March 2021, which combine the International Arbitration Rules and the International Mediation Rules.[1] No later edition has replaced them: the ICDR amended its arbitration fee schedule from 1 September 2025 and its mediation fees from 1 June 2026, but not the arbitration rules.[2] Any ICDR arbitration Bangladesh parties commence in 2026 will therefore run on the 2021 text.

Expedited procedures

The expedited procedures apply automatically where no disclosed claim or counterclaim exceeds USD 500,000, exclusive of interest and costs, unless the parties or the Administrator decide otherwise.[1] Where no claim exceeds USD 100,000, the case is decided on written submissions unless an oral hearing is needed, and the award is due within 30 days of the close of the hearing or final submissions.[1] Many chargeback and short-payment disputes fall below these thresholds, which makes ICDR arbitration Bangladesh exporters face in those cases faster and cheaper than its reputation suggests.

Joinder, consolidation and the award

Garment supply chains are layered: brand, importer, buying house, factory, mill. After an arbitrator is appointed, Article 8 permits joinder only with all parties' agreement or where the tribunal finds it appropriate and the new party consents, and Article 9 allows a consolidation arbitrator to merge related cases.[1] The final award is due no later than 60 days from the close of the hearing unless otherwise agreed or set, the parties waive appeal so far as a waiver can validly be made, and the tribunal may award simple or compound interest and reasonable legal costs.[1] An award may be made public only with all parties' consent or as required by law.[1]

How to commence an ICDR arbitration

The claimant gives the Notice of Arbitration to the Administrator and, at the same time, to the respondent, and the arbitration commences when the Administrator receives the notice.[1] Filing with the ICDR is the act that matters for limitation; delivery to the Bangladeshi respondent is the act a Bangladeshi court will later scrutinise.

What the Notice of Arbitration must contain

Article 2(3) requires a demand for arbitration; the names and contact details of the parties and, if known, their representatives; a copy of the entire arbitration clause; a reference to the contract; a description of the claim and supporting facts; and the relief sought and any amount claimed.[1] Proposals on the number of arbitrators, place, language and mediation are optional but must be consistent with any prior agreement, and the notice must be accompanied by the filing fee.[1]

Serving a Bangladeshi respondent

Proper notice is the best protection for any award ICDR arbitration Bangladesh claimants will later enforce. Section 46 allows a Bangladeshi court to refuse recognition where the respondent was not given proper notice of the appointment of an arbitrator or of the proceedings.[11] Send the notice to the contract address, the registered office and the e-mail addresses used in the relationship, and keep courier receipts and delivery confirmations.

The Answer, the tribunal and the place

The respondent answers within 30 days after the Administrator confirms receipt of the notice, and the claimant answers any counterclaim within 30 days.[1] One arbitrator is appointed by default unless the Administrator decides three are appropriate. If no appointment is agreed within 45 days of commencement, the Administrator may appoint on request; under the list method each party has 15 days to strike and rank names.[1]

Absent agreement on the place, the Administrator makes an initial determination and the tribunal may finally decide it within 45 days of constitution.[1] Treat this as a real decision: once the place is a US city, Bangladeshi courts cannot annul the award and can only decide whether to enforce it.[11] Our guide to steps before commencing arbitration covers the groundwork that should come first.

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What ICDR arbitration Bangladesh parties pay in 2026

The ICDR's International Arbitration Fee Schedule was amended and took effect on 1 September 2025 and is published as the 2026 schedule.[2] An Initial Filing Fee is paid on filing and a Final Fee is incurred when the first evidentiary hearing is scheduled, both scaled to the claim.[2]

• Under USD 75,000: USD 1,450 filing fee; USD 1,150 final fee.[2]
• USD 75,000 to under 150,000: USD 2,375; USD 1,825.[2]
• USD 150,000 to under 300,000: USD 3,675; USD 3,325.[2]
• USD 300,000 to under 500,000: USD 4,825; USD 4,175.[2]
• USD 500,000 to under 1 million: USD 6,650; USD 7,525.[2]
• USD 1 million to under 10 million: USD 8,925; USD 9,675.[2]
• USD 10 million and above: USD 13,500 plus 0.01 per cent above USD 10 million; USD 19,250.[2]

Undetermined monetary claims pay USD 8,925 and USD 9,675; three-arbitrator cases carry minimums of USD 4,825 and USD 4,175. Emergency measures cost an additional USD 3,500, each additional separately represented party adds 10 per cent of the base fees up to 50 per cent, and a case inactive for over a year attracts a USD 750 annual abeyance fee.[2]

Arbitrator compensation and deposits

Arbitrator compensation is not in the schedule; the ICDR allocates it initially and the tribunal finally in the award, unless the parties agree otherwise.[2] Under Article 39 the Administrator may request deposits in advance.[1] A Bangladeshi respondent that declines to pay does not stop the case: the claimant can pay the whole deposit and recover it in the award. For Dhaka-seated comparisons, see our analysis of the cost of arbitration in Bangladesh.

JAMS International Arbitration Rules after the March 2026 revision

JAMS revised its International Arbitration Rules with effect from 1 March 2026.[4] Article 2 now allows the claimant to serve the Request for Arbitration electronically unless the law of the seat prohibits it, and filing with JAMS may be exclusively electronic.[4] Article 13 defines e-filing and e-service, limits hard-copy service to hand delivery, overnight delivery or, for US parties, US mail, and drops service by any means providing a record of transmission. The revision also re-incorporates the Mediator-in-Reserve policy.[4]

Scope and commencement

The JAMS International Rules apply where the parties agree to them in writing, or where JAMS administers an international dispute without specified rules; an arbitration is international if the parties were in different states when they agreed or a substantial part of the transactions occurred in different states.[3] The claimant files a Request containing party details, the dispute, the relief sought and the arbitration agreement, serves it and pays the filing fee, and the case commences when JAMS issues a Commencement Letter.[3] The Statement of Defence is due within 30 calendar days.[3]

Tribunal, seat and timetable

JAMS appoints one arbitrator unless it decides three are appropriate, and absent an agreed procedure the tribunal should be established within 45 calendar days; absent agreement, the Administrator fixes the seat.[3] The expedited procedure applies where the amount in dispute does not exceed the equivalent of USD 5 million, on agreement, or in exceptional urgency, with the award due within six months of constitution.[3] Otherwise the dispute should be submitted within nine months of the preliminary conference and the award follow within three months. The arbitration and award are confidential unless the parties agree otherwise.[3]

JAMS fees and when JAMS is the better fit

For a two-party international case the JAMS filing fee is USD 2,500, paid by the claimant; a counterclaim also carries USD 2,500, and the fee is USD 4,000 for three or more parties.[5] There is no claim-value scale. JAMS instead charges a 13 per cent case management fee on all professional fees, and arbitrators set their own hourly rates.[5]

Three factors usually decide whether JAMS or ICDR arbitration Bangladesh parties should prefer. Panel: JAMS's strength is its roster of former US judges and senior litigators, suited to US-law disputes argued by US counsel, while the ICDR's international panel is broader. Procedure: the ICDR's USD 500,000 expedited threshold and documents-only track below USD 100,000 suit small trade claims, while the JAMS International USD 5 million expedited ceiling suits mid-sized supply disputes.[1] [3] Urgency: the ICDR appoints an emergency arbitrator within one business day; JAMS says it will in most cases appoint one within 24 hours.[1] [3]

ICDR and JAMS rules compared

The table sets out the points that most often matter between a Bangladeshi party and a US counterparty. On a phone, scroll it sideways.

Choosing a US seat: New York and the Federal Arbitration Act

US buyer terms usually name New York, and sometimes Los Angeles, Chicago, Miami or Houston. Because one party is Bangladeshi, the agreement and award fall within chapter 2 of the Federal Arbitration Act (FAA), which implements the New York Convention. Actions under that chapter arise under US law, and federal district courts have original jurisdiction regardless of the amount in controversy.[6] A court with jurisdiction may direct arbitration at the agreed place, inside or outside the US, and appoint arbitrators under the agreement.[6] In Bangladesh, section 10 of the Arbitration Act 2001 does not apply to a foreign arbitration clause, but a court may stay local proceedings under section 151 of the Code of Civil Procedure.[11]

Challenging a US-seated award

Only the seat courts can annul the award. Under section 10 of the FAA, a US court may vacate an award only where it was procured by corruption, fraud or undue means, where there was evident partiality or corruption in the arbitrators, where the arbitrators were guilty of misconduct prejudicing a party's rights, or where they exceeded their powers.[6] Notice of a motion to vacate must be served within three months after the award is filed or delivered.[6] There is no merits review.

For a Bangladeshi award debtor the consequence is stark. Under section 46(1)(a)(vi), an award set aside at the seat will not be recognised in Bangladesh, and a pending seat challenge may lead a Bangladeshi court to pause enforcement.[11] A challenge in Dhaka is no substitute; our guide on how to set aside an arbitral award in Bangladesh explains why annulment is confined to awards made in Bangladesh. The decisive question is where the loser's assets are: an award against a Bangladeshi factory will almost always be enforced in Bangladesh, whatever the seat.

Discovery in US-seated arbitration and the 1782 position

A US seat does not mean US litigation-style discovery. Article 24 of the ICDR Rules requires the tribunal to manage the exchange of information with a view to maintaining efficiency and economy. Parties exchange the documents they rely on, requests must describe the documents sought and explain their relevance and materiality, and depositions, interrogatories and requests to admit "generally are not appropriate procedures".[1] The JAMS International Rules similarly let the tribunal order the exchange and production of documents and permit written witness statements.[3]

Subpoenas to non-parties under section 7 of the FAA

Evidence held by a US buying agent, forwarder or testing laboratory is harder to reach. Section 7 of the FAA lets arbitrators summon any person to attend before them with material documents, enforceable by the district court where the arbitrators sit.[6] The circuits are divided on pre-hearing discovery. The Second Circuit (Life Receivables, 2008), Third (Hay Group, 2004), Ninth (CVS Health v Vividus, 2017) and Eleventh (Managed Care Advisory Group v CIGNA, 2019) say it is unavailable; the Eighth allows it and the Fourth requires special need.[8] In a New York-seated case the workaround is a hearing before the arbitrators at which the non-party must appear with the documents.[8]

Section 1782 after ZF Automotive

In ZF Automotive US v Luxshare, decided unanimously on 13 June 2022, the Supreme Court held that a "foreign or international tribunal" under 28 U.S.C. § 1782 is a body exercising governmental authority conferred by one or more nations, so private commercial arbitral tribunals do not qualify; nor did an ad hoc investor-state tribunal in the companion case.[7]

For ICDR arbitration Bangladesh disputes the effect is simple: no party to an ICDR, JAMS, SIAC, ICC or BIAC arbitration can obtain section 1782 discovery in aid of it. On the Court's test, however, a Bangladeshi court is a foreign tribunal, so section 1782 remains available in principle for Bangladeshi court proceedings, such as an enforcement case in Dhaka, subject to the statute's other requirements and US court discretion.[7]

Evidence in Bangladesh

The Arbitration Act 2001 contains no provision on discovery or disclosure. Section 33 lets a tribunal ask the court to summon a witness, but section 3 confines the Act, apart from sections 45 to 47, to Bangladesh-seated arbitrations, so that assistance is unlikely to be available to a foreign-seated tribunal.[11] A US-seated tribunal should not expect Bangladeshi court help with non-party evidence.

Interim relief and the Bangladesh gap

Garment disputes are often decided in the first weeks, while goods sit at Chattogram port or a back-to-back LC falls due. Under Article 7 of the ICDR Rules, the Administrator appoints an emergency arbitrator within one business day, who sets a schedule within two business days.[1] The tribunal may then order any interim measures it deems necessary, and a request to a court is not incompatible with the arbitration agreement.[1] JAMS offers equivalent emergency relief under Article 3.[3]

The difficulty is Bangladesh. In Accom Travels v Oman Air the High Court Division held that section 7A cannot be invoked for interim measures before or during a foreign-seated arbitration, although relief may be granted at the enforcement stage.[11] A US-seated case therefore offers no route to freeze a Bangladeshi counterparty's assets locally until there is an award. A party expecting to need urgent relief should take contractual security, such as a standby LC or payment against documents, or provide expressly for court relief. Our guide to LC disputes in Bangladesh explains the banking routes.

Enforcing a US award in Bangladesh

Bangladesh acceded to the New York Convention on 6 May 1992 without reservations; the United States acceded on 30 September 1970, limiting the Convention to awards made in other contracting states and to commercial relationships.[10] A New York award is therefore a foreign award in Bangladesh, and a Dhaka award a Convention award in the US.

Under section 45 of the Arbitration Act 2001 a foreign award is enforced by execution by the District Court, Dhaka as if it were a local decree, and the section 46 grounds for refusal track those for setting aside a domestic award.[11] The procedure and documents are covered in our guide to foreign arbitral award enforcement in Bangladesh, and execution in our guide to enforcement of arbitral awards in Bangladesh.

The three-year clock after Jess Smith

In Jess Smith & Sons Cotton LLC v Patriot Spinning Mills Ltd, a California cotton merchant held a Liverpool award of USD 511,023.26 plus interest, made on 6 February 2012, against a Bangladeshi mill, and filed for execution in Dhaka on 2 October 2023. On 26 February 2026 the High Court Division held that article 182 of the Limitation Act 1908 required filing within three years, that section 5 of that Act could not condone the delay, and that mistaken legal advice was no excuse.[12] A US award creditor should file in Dhaka well within three years, whatever settlement talks are running, and need not wait for US confirmation.

Enforcing ICDR arbitration Bangladesh awards in the United States

A Bangladeshi exporter that wins against a US buyer, or a US supplier pursuing a Bangladeshi party with US assets, looks to the US courts. Under section 207 of the FAA, any party may apply within three years after a Convention award is made for an order confirming it, and the court shall confirm unless a Convention ground for refusal or deferral applies.[6] Against a US buyer, jurisdiction is rarely an issue. Against a Bangladeshi private company, the award creditor will need US contacts or identifiable US assets, such as receivables owed by other US customers, before confirmation is worth pursuing.

Bangladeshi state entities

In CC/Devas (Mauritius) v Antrix, decided unanimously on 5 June 2025, the Supreme Court held that the Foreign Sovereign Immunities Act requires no proof of minimum contacts: personal jurisdiction exists where an immunity exception applies and service is proper under section 1608. The Fifth Amendment due process question was left open.[9]

The Smith Cogeneration case shows the stakes for Bangladeshi state enterprises. An ICC tribunal ordered the Bangladesh Power Development Board in October 2003 to pay USD 13.06 million plus interest; the US District Court for the District of Columbia issued a revised final judgment of USD 31.71 million on 19 May 2024; and the dispute settled for USD 20 million under an agreement signed on 28 April 2025 after court-appointed mediation.[13] The arbitration lessons appear in our guide to ICC arbitration in Bangladesh.

Drafting the clause: garment buyers and US suppliers

Most of these problems can be avoided at the drafting stage. Our guide to the arbitration clause in Bangladesh sets out model wording; for US-facing contracts, check these points.

• Name institution and rules: "the ICDR under its International Arbitration Rules" or "JAMS under its International Arbitration Rules", not simply "the AAA".[1] [3]
• Fix the seat: otherwise the ICDR or JAMS Administrator will decide it.[1] [3]
• Tribunal size: both default to a sole arbitrator; provide for three in large disputes.[1] [3]
• Notices: list postal and e-mail addresses so that the 2026 JAMS e-service rules and ICDR notice requirements can be met and proved.[4]
• Interim relief: address the Accom Travels gap if goods or assets will be in Bangladesh.[11]
• Tariff risk: allocate the risk of US duty changes in the commercial terms.[14]

When a Bangladeshi party receives a notice

Do not ignore it. A properly served respondent that stays away faces an award it cannot easily resist in Dhaka given the narrow section 46 grounds.[11] Engage US counsel, diarise the 30-day Answer deadline, consider counterclaims for unpaid invoices or wrongful cancellation, and assess whether expedited procedures or concurrent mediation offer a faster commercial outcome.[1] TRW's international arbitration practice works alongside US counsel on Bangladeshi law, evidence and enforcement.

What to watch in 2026 and 2027

Four issues will shape ICDR arbitration Bangladesh disputes over the next year: whether the ICDR replaces its 2021 rules, as the ICC did in 2026; how JAMS's electronic service model fares when Bangladeshi courts test proper notice at enforcement; whether the courts or Parliament close the Accom Travels gap; and whether US tariff changes keep generating disputes over duty on orders already placed.[1] [4] [11] [14]

The priorities do not change: read the clause, fix the seat, serve properly, diarise both three-year clocks and find the assets early. Explore our international arbitration practice or contact TRW.

Frequently asked questions

Is the AAA the same as the ICDR?

The ICDR is the AAA's international division. A clause providing for arbitration of an international dispute by the AAA without naming rules leads to the ICDR International Arbitration Rules.[1]

Which version of the ICDR Rules applies in 2026?

The rules amended and effective 1 March 2021; the arbitration fee schedule was amended from 1 September 2025.[1] [2]

How much does it cost to file an ICDR arbitration?

From USD 1,450 for claims under USD 75,000 to USD 13,500 plus 0.01 per cent of the excess above USD 10 million, plus a final fee and arbitrator compensation.[2]

How long does a respondent have to answer an ICDR claim?

Thirty days after the Administrator confirms receipt of the Notice of Arbitration.[1]

What changed in the JAMS International Arbitration Rules in 2026?

From 1 March 2026, e-filing and e-service are permitted and defined, hard-copy service is narrowed and the Mediator-in-Reserve policy returns.[4]

Can a party to an ICDR arbitration use 28 U.S.C. § 1782?

No. Since ZF Automotive v Luxshare (2022), private arbitral tribunals are not foreign or international tribunals under section 1782.[7]

Will there be depositions in a New York-seated ICDR case?

Generally not. Article 24(10) of the ICDR Rules says depositions, interrogatories and requests to admit are generally not appropriate.[1]

Can a Bangladeshi court set aside a New York award?

No. Only the seat courts can annul it; a Bangladeshi court can only refuse enforcement on the section 46 grounds.[11]

How long does a US award creditor have to enforce in Bangladesh?

Three years from the award under article 182 of the Limitation Act 1908, with no power to condone delay, according to the High Court Division in February 2026.[12]

How long does a Bangladeshi party have to confirm an award in the US?

Three years after the award is made, under section 207 of the Federal Arbitration Act.[6]