Arbitration in Bangladesh

by Barrister Tahmidur Rahman | Oct 21, 2026

Disputes & ArbitrationSeated in Dhaka, enforceable anywhere8 min read

Arbitration in Bangladesh

Counsel for Bangladeshi and foreign parties in arbitration in Bangladesh under the Arbitration Act 2001: drafting clauses, starting and defending claims, BIAC and ad hoc proceedings, interim relief from the courts, hearings, challenges to awards and enforcement against assets in Bangladesh.

Overview

Arbitration in Bangladesh: how it works and where we fit

Arbitration in Bangladesh has become a mainstream way of resolving commercial disputes, from supply and distribution contracts to construction, energy, banking and joint venture claims. Parties choose it because they can appoint decision-makers with relevant expertise, keep proceedings private and avoid the long queues of the civil courts. It works well only when the clause is sound, the tribunal is properly constituted and the courts are used at the right moments. We advise and represent claimants and respondents at every stage, from negotiating the clause to collecting on the final award, with a constant eye on what will be enforceable.

The Arbitration Act 2001 governs arbitration in Bangladesh and is broadly modelled on the UNCITRAL Model Law. It covers the arbitration agreement, appointment and challenge of arbitrators, the conduct of proceedings, interim measures, the form of the award and the limited grounds for setting it aside. It also provides for recognition and enforcement of foreign awards under the New York Convention, to which Bangladesh is a party. Many domestic applications go to the District Judge, while some international commercial arbitration applications, such as setting aside, go to the High Court Division, so the right court matters.

Proceedings may be institutional or ad hoc. The Bangladesh International Arbitration Centre (BIAC) in Dhaka administers cases under its own rules, and many contracts with Bangladeshi parties provide for ad hoc arbitration with three arbitrators and a Dhaka seat. Foreign parties often prefer an international institution with a Bangladesh seat, or a foreign seat such as Singapore or London. We explain the practical consequences of each choice, including cost, speed, the availability of court support and the risk of satellite litigation, and we tailor procedure to the size and nature of the dispute. Seat choice shapes arbitration in Bangladesh.

TRW & Co handles arbitration within its dispute resolution practice. Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub lead our arbitration work and act as counsel in domestic and international matters, while managing partner Adv Syed Wahid leads related court applications, including stays of suits, interim injunctions and enforcement. The Legal 500 Asia Pacific ranks the firm for dispute resolution in Bangladesh. We work with counsel in the UK, US, UAE, China, India and Singapore when a dispute has a foreign seat or assets abroad. Our focus is arbitration in Bangladesh and its link to courts abroad.

Timing and preparation decide many outcomes in arbitration in Bangladesh. A claimant needs to serve a proper notice of arbitration, protect assets before they disappear and present documents and witnesses in an organised way. A respondent needs to decide quickly whether to challenge jurisdiction, apply to stay a court suit, or raise a counterclaim. Both sides need a realistic view of costs and of the enforcement stage. If a dispute is brewing or a notice has arrived, contact our Dhaka office and we will review the contract, the clause and your options promptly. Act early.

01 · What we handle

Core workstreams

  • Clause drafting and dispute planning
  • Starting and defending arbitrations
  • Court support and interim relief
  • Pleadings, evidence and hearings
02 · How it runs

Four clear stages

  1. 01Clause and claim review
  2. 02Notice and tribunal
  3. 03Pleadings and hearing
  4. 04Award and enforcement
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

Our arbitration services in Bangladesh

Workstream 01Disputes & Arbitration

Clause drafting and dispute planning

  • Clause and claim review
  • Notice and tribunal
  • Pleadings and hearing
  • Award and enforcement
Workstream 02Disputes & Arbitration

Starting and defending arbitrations

  • Clause and claim review
  • Notice and tribunal
  • Pleadings and hearing
  • Award and enforcement
Workstream 03Disputes & Arbitration

Court support and interim relief

  • Clause and claim review
  • Notice and tribunal
  • Pleadings and hearing
  • Award and enforcement
Workstream 04Disputes & Arbitration

Pleadings, evidence and hearings

  • Clause and claim review
  • Notice and tribunal
  • Pleadings and hearing
  • Award and enforcement
Workstream 05Disputes & Arbitration

Challenging and defending awards

  • Clause and claim review
  • Notice and tribunal
  • Pleadings and hearing
  • Award and enforcement
Workstream 06Disputes & Arbitration

Enforcement against Bangladeshi assets

  • Clause and claim review
  • Notice and tribunal
  • Pleadings and hearing
  • Award and enforcement
01

Clause drafting and dispute planning

We draft and review clauses for arbitration in Bangladesh in commercial, construction, energy, finance and joint venture contracts, choosing seat, rules, number of arbitrators, language and governing law to suit the deal. Where a contract is already signed, we test the clause for defects that could delay a claim, such as unclear institutions, multi-tier steps or pathological wording, and we advise on how to manage those risks before a dispute crystallises.

02

Starting and defending arbitrations

We prepare notices and responses in arbitration in Bangladesh, nominate and vet arbitrators, and agree procedural timetables. For claimants we frame the claim to fit the contract and the evidence. For respondents we assess jurisdiction, limitation and counterclaims, and we push back on aggressive timetables. Throughout, we keep in mind how any award will later be enforced, so that procedural fairness points do not arise at the end of the case.

03

Court support and interim relief

Arbitration in Bangladesh often depends on the courts at key moments. We apply for interim measures to preserve assets, documents or the status quo, seek the appointment of arbitrators where a party refuses to cooperate, and apply to stay court suits filed in breach of an arbitration agreement. We also defend clients against injunctions that seek to stop an arbitration from going ahead. Each application is prepared for urgent hearing.

04

Pleadings, evidence and hearings

We prepare statements of claim and defence, witness statements and document bundles, and we instruct technical, quantum and accounting experts where the dispute needs them. Our advocates conduct cross-examination and present oral submissions in English or Bengali. For multi-party and technical disputes we design procedures that keep hearings focused, such as staged issues, expert conferencing and agreed chronologies. Hearings in arbitration in Bangladesh may be in person, online or hybrid.

05

Challenging and defending awards

A party dissatisfied with an award from arbitration in Bangladesh may apply to set it aside only on limited grounds and within a short statutory period. We review awards quickly, advise on whether a challenge is realistic, and bring or defend applications before the District Judge or the High Court Division. We also handle appeals that follow, keeping enforcement strategy in view so that delay does not destroy value.

06

Enforcement against Bangladeshi assets

We enforce awards from arbitration in Bangladesh and foreign arbitral awards against assets in Bangladesh, including bank accounts, receivables, land and shares. That involves tracing assets, obtaining attachment orders and resisting the procedural objections that award debtors commonly raise. For foreign awards we prepare the recognition application under the New York Convention provisions of the Act, and we coordinate with lawyers abroad when assets are spread across several countries.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Disputes & Arbitration matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

Meet the firm →
01

Is arbitration in Bangladesh faster than going to court?

Usually, yes, although it depends heavily on the parties and the tribunal. A civil suit can take many years to reach judgment and appeal, while a well-run arbitration can produce an award far sooner. Delay in arbitration typically comes from disputes over appointing arbitrators, repeated adjournments and court applications by a reluctant party. We reduce that risk by agreeing a firm procedural timetable early, using institutional rules where helpful, and applying to the court promptly when the other side obstructs. We do not promise fixed timelines, because every case and tribunal is different. A realistic plan helps.

02

Should we choose BIAC, ad hoc arbitration or a foreign institution?

Each route for arbitration in Bangladesh has advantages. BIAC offers administered arbitration in Dhaka with set rules and a fee schedule, which can suit mid-sized commercial disputes. Ad hoc arbitration gives flexibility but depends on cooperation and good drafting. International institutions such as the ICC or SIAC bring global standing and scrutiny, often at higher cost, and can still be used with a Dhaka seat. The right choice depends on the value of the contract, the other party's assets and location, the likely evidence and your appetite for cost. We advise on that balance before you sign.

03

Can a Bangladeshi court stop a lawsuit filed in breach of an arbitration clause?

Yes. Where a party sues in court on a matter covered by a valid arbitration agreement, the other party can apply for the court proceedings to be stayed and the dispute referred to arbitration. The application should be made promptly and before taking steps that suggest acceptance of the court's jurisdiction. Courts examine whether the agreement exists, is valid and covers the dispute. We act quickly when a suit is served, so that a client's right to arbitration in Bangladesh is preserved and the case is not drawn into years of litigation. Delay weakens a stay application.

04

What interim relief can we obtain from the court or the tribunal to support arbitration in Bangladesh?

The Arbitration Act allows a party to apply to the court for interim measures, and the tribunal itself can also order interim measures once constituted. Relief can include orders preserving assets or the subject matter of the dispute, securing amounts in dispute, preventing the transfer of property and protecting evidence. Courts expect a clear case, urgency and an undertaking where appropriate. The court's power is also available in support of some arbitrations seated abroad. We prepare applications with full documents so they can be heard urgently and survive a challenge. Speed is often decisive.

05

On what grounds can an award from arbitration in Bangladesh be set aside?

The grounds are limited and broadly follow the Model Law. They include incapacity of a party, an invalid arbitration agreement, lack of proper notice or inability to present a case, an award beyond the scope of the submission, improper composition of the tribunal or procedure, non-arbitrability, conflict with public policy, and fraud or corruption affecting the award. A court does not rehear the merits. The application must be filed within a short statutory deadline, so award debtors and creditors should obtain advice as soon as the award is received. Strict timing applies. The window is short.

06

How is an award enforced against a party with assets in Bangladesh, and how long does it take?

A domestic award that is not set aside can be enforced in the same way as a court decree. A foreign award from a New York Convention country can be recognised and enforced under the foreign award provisions of the Arbitration Act, subject to the limited grounds for refusal. In both cases, enforcement means identifying assets and obtaining attachment and sale orders. Award debtors often raise technical objections, and state-linked debtors may raise particular issues. We plan the enforcement route from the start of the arbitration, not after the award is made. Asset tracing starts early.

07

What does arbitration in Bangladesh cost, and who pays?

Costs include arbitrators' fees, any institutional fees, counsel fees, experts, hearing venues and translation. BIAC publishes a fee schedule, while fees in ad hoc arbitration are agreed with the tribunal and can vary widely. Tribunals may order the losing party to pay some or all of the winner's costs, subject to the agreement and the rules. We give clients a phased budget at the outset and update it as the case develops. We can also discuss alternative fee structures and, where available, third-party funding for suitable claims. Costs stay transparent. Funding options vary by case.

08

Can disputes with government bodies or state-owned companies go to arbitration in Bangladesh, and are there special rules?

Yes, where the contract contains an arbitration agreement and the matter is arbitrable. Many public procurement, power, infrastructure and supply contracts with state entities include arbitration clauses, sometimes with special approval requirements or dispute boards before arbitration. These cases raise particular questions about authority to sign, sovereign or public interest defences, and enforcement against public assets. We advise private parties and public bodies on these issues and help design dispute procedures that the courts will respect when the award is challenged or enforced. Public assets need care. Approval requirements must be checked at signing.

How a matter runs

From first call to resolution.

  1. 01

    Clause and claim review

    We read the contract, the arbitration clause and the correspondence, assess merits, limitation and jurisdiction, and give a candid view on prospects, likely cost and the enforcement position before any formal step is taken. Early clarity saves money and time.

  2. 02

    Notice and tribunal

    We serve or answer the notice of arbitration, nominate and vet arbitrators, and seek court help if appointment stalls. Interim relief is sought early where assets or evidence are at risk of disappearing. Delay costs money. Procedure is agreed early.

  3. 03

    Pleadings and hearing

    We prepare pleadings, witness statements and expert reports, manage document production and present the case at the hearing, with cross-examination and submissions focused on the issues the tribunal must decide. Experts are briefed early. Settlement windows are kept open.

  4. 04

    Award and enforcement

    We review the award immediately, advise on challenge or defence within the statutory deadline, and enforce against assets in Bangladesh or abroad with our foreign partner firms where the debtor does not pay. Payment is pursued firmly.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Is arbitration in Bangladesh confidential, and can the other side publicise the dispute?
Arbitration hearings are private, and parties commonly agree confidentiality obligations in the clause or the procedural order. Confidentiality is not absolute, because related court applications, such as interim measures, setting aside and enforcement, are generally public. If confidentiality is important to your business, it should be addressed expressly in the contract and in the first procedural order, and we advise on drafting that protection carefully. Leaks can still cause harm. Clear rules on documents also help.
Can foreign lawyers appear in arbitration in Bangladesh?
Parties are generally free to choose their representatives in the arbitration itself, and foreign counsel often take part in international matters seated in Dhaka. Related court proceedings in Bangladesh must be conducted by advocates enrolled with the Bangladesh Bar Council. We regularly work alongside foreign counsel, handling local law, court applications and enforcement while they lead on other aspects. This combination is common in arbitration in Bangladesh involving foreign investors or lenders.
How many arbitrators do we need for a commercial dispute?
That depends on the agreement. If the parties choose a number, it applies. Where the agreement is silent, the Act provides a default, which in practice often means a three-member tribunal. A sole arbitrator is usually cheaper and quicker for smaller disputes, while three arbitrators can suit complex or high-value claims. We advise on the choice when drafting and when a dispute arises. Fees rise with each member, so the choice also has a cost dimension for arbitration in Bangladesh.
Can we move a dispute that is already in court to arbitration in Bangladesh?
Yes, in two ways. Where a valid arbitration clause exists, the defendant can apply for a stay and referral to arbitration. Where no clause exists, the parties can still agree in writing to submit the dispute to arbitration, and the court proceedings can then be withdrawn or disposed of. Mediation may also be used first, and some disputes now require pre-case mediation in certain districts. We advise which route fits best. Timing matters in both cases.
What law applies to the substance of the dispute?
The tribunal applies the law chosen by the parties, and that choice deserves care at the drafting stage. In international commercial arbitration in Bangladesh the parties may choose a foreign governing law, while domestic disputes are usually governed by Bangladeshi law. Mandatory local rules, such as those on exchange control, public policy and regulatory approvals, may still affect the outcome. We advise on the interaction between the chosen law and those mandatory rules. Currency issues also arise.
Is there a deadline for starting an arbitration claim?
Yes. Limitation law applies to arbitration in Bangladesh much as it applies to court proceedings, and the arbitration is generally treated as commenced when the notice of arbitration is received by the respondent. Contracts may also contain shorter notice or claim periods. Missing a deadline can be fatal to a claim, so we check limitation and contractual time bars at the first review. Calendar every deadline. Notice provisions in the contract deserve equal attention.
Do your partners act as arbitrators as well as counsel?
Our partners may accept appointments as arbitrators where there is no conflict, but on this page we describe our work as counsel. Where we act for a party, we run full conflict checks before nominating arbitrators, and we assess each candidate's experience, availability and independence so that the tribunal is not open to later challenge. Independence protects the eventual award from challenge. Conflicts are reviewed again whenever new parties join. Candidates are interviewed carefully.
What should we do as soon as a dispute arises?
Gather the contract, amendments, correspondence, invoices and performance records, and keep everything that might be relevant, including emails and messages. Check any notice or escalation steps in the dispute clause, and avoid admissions in correspondence. Then take legal advice on merits, limitation and interim relief before positions harden. Early advice often makes settlement more realistic as well. Preparation is the foundation of successful arbitration in Bangladesh. We can usually review an urgent matter within days.

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arbitration in Bangladesh: TRW & Co, Dhaka
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