Identify the seat and the type of arbitration

Everything turns on where the arbitration is seated and who the parties are. If the seat is in Bangladesh and all parties are Bangladeshi, it is a domestic arbitration, and section 7A applications go to the District Judge. If at least one party is foreign under section 2(c), it is an international commercial arbitration, and the application goes to the High Court Division. If the seat is abroad, section 3 applies only sections 45 to 47.

The Larger Bench in Accom Travels and Tours v Oman Air held that section 7A is then available only at the stage of enforcing a foreign award. The lawyer also checks whether the agreement excludes court interim relief.

Where: Applicant's lawyer · Time: 1-3 days · Law: s.2(b) and (c) Arbitration Act 2001; s.3 Arbitration Act 2001; s.7A(1) Arbitration Act 2001; Accom Travels and Tours v Oman Air SAOC, 27 BLC 596 (HCD, Larger Bench) · Documents: Contract and arbitration clause, Corporate details of each party, Correspondence showing the dispute

Tip: Read the clause for the seat, not just the venue for hearings. A Singapore or London seat changes the whole route.

Decide between the tribunal and the court

Unless the parties agreed otherwise, the arbitral tribunal can itself order a party to take interim measures about the subject matter of the dispute under section 21, with or without security, and no appeal lies against that order. But a tribunal may not exist yet, cannot bind third parties such as banks, and has no direct power of enforcement. Section 7A(4) lets the court act where the tribunal has no power in the matter or has failed to make an order.

In practice, urgent interim measures in aid of arbitration against assets held by banks, ports or other third parties are usually sought from the court.

Where: Arbitral tribunal (or arbitration institution) · Time: 1-3 days · Law: s.21(1)-(3) Arbitration Act 2001; s.7A(4) Arbitration Act 2001 · Documents: Arbitration rules chosen by the parties, Draft application

Serve the notice of arbitration

Section 7A allows an application before the arbitration has started, so a notice is not a legal precondition. In MSE-FA-MRM JV v Tangail Central Co-operative Bank (2024) the High Court Division set aside a District Judge's order returning a section 7A petition as premature. Even so, serving the request to refer the dispute under section 12, which starts the arbitration under section 27, shows the court that the applicant is genuinely pursuing arbitration. In a 2026 revision, the High Court Division relied on the fact that the applicant had already issued a section 12 notice.

Where: Applicant's lawyer · Time: 1-7 days · Law: s.12 Arbitration Act 2001; s.27 Arbitration Act 2001; Civil Revision No. 7045 of 2023 (HCD, 24.04.2024) · Documents: Notice of arbitration or request to appoint an arbitrator, Proof of service

Build the evidence of urgency

The court applies the familiar tests for interim relief: a prima facie case on the merits, a balance of convenience in the applicant's favour and a risk of irreparable loss if no order is made. The applicant gathers evidence of the threat: notices encashing a bank guarantee, a plan to sell or remove goods, transfers of land or shares, or the destruction of evidence. Where an order is wanted without notice, the evidence must show why giving notice would defeat the purpose.

The application should identify the property precisely, for example by account, container, vessel or land schedule.

Where: Applicant's lawyer · Time: 2-7 days · Law: s.7A(1)-(3) Arbitration Act 2001; s.7A(2) Arbitration Act 2001 (court's ordinary powers) · Documents: Affidavit of facts, Bank guarantee and demand letters, Asset schedule, Photographs or inspection reports

Domestic arbitration: file before the District Judge

For a domestic arbitration, the application is filed as an Arbitration Miscellaneous Case before the District Judge, or an Additional District Judge notified for the purpose. Under the Commercial Courts Act 2026, arbitration agreements, proceedings and awards under the Arbitration Act are commercial disputes. So where a Commercial Court has been set up for the area, it takes these applications, and pending ones are transferred to it. Section 53 matters here: once any application is made to a court about the agreement, all later applications must go to that same court.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: 1 day to file · Law: s.2(b) Arbitration Act 2001; s.53 Arbitration Act 2001; s.2(gha)(22), s.4 and s.8 Commercial Courts Act 2026 · Documents: Application under s.7A, Supporting affidavit, Arbitration agreement, Vakalatnama, Court fee

Tip: Choose the first court carefully. Section 53 ties every later application under the same agreement to it.

International arbitration: file in the High Court Division

For an international commercial arbitration seated in Bangladesh, section 7A gives the power to the High Court Division. The application is filed as an Arbitration Application in its statutory original jurisdiction and listed before the single-judge bench the Chief Justice has assigned to arbitration matters. The Commercial Courts Act 2026 does not take over matters within the High Court Division's original jurisdiction. Foreign applicants need a properly executed power of attorney or board authority, and documents in a foreign language need certified translations.

Where: High Court Division · Time: 1-3 days to file and mention · Law: s.7A(1) Arbitration Act 2001; s.2(c) Arbitration Act 2001; s.2(gha) Commercial Courts Act 2026; Article 107(3) Constitution of Bangladesh · Documents: Arbitration Application under s.7A, Affidavit, Power of attorney or board resolution, Certified translations

Ex parte ad interim order or show-cause notice

Section 7A(3) requires notice to the other party before an order, unless the court is satisfied that the purpose would be frustrated without an immediate order. At the first hearing, the court either issues a show-cause notice alone or also grants an ad interim order, often status quo or a restraint on encashing a guarantee, for a fixed period. In a 2026 revision, the High Court Division held that a District Judge erred by only issuing notice where a contract and bank guarantee were about to be cancelled and encashed, and it ordered status quo.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: Same day to 2 weeks · Law: s.7A(3) and proviso Arbitration Act 2001; s.7A(1)(e) Arbitration Act 2001; Civil Revision No. 4646 of 2023 (HCD, 23.04.2026) · Documents: Ad interim order or show-cause notice, Undertaking or security, if required

Serve the order on the respondent and asset holders

The applicant serves the order and notice on the respondent and on anyone holding the assets, such as the issuing bank of a guarantee, a port, a warehouse or the Registrar of land or shares. A bank that has been served must not pay out against a guarantee covered by a restraint order. Service is proved by affidavit. Where a respondent is abroad, service follows the court's directions, often by courier and e-mail as well as on any local agent or office.

Where: Bank, port or other holder of the assets · Time: 1-7 days · Law: s.7A(2) Arbitration Act 2001; s.7A(3) Arbitration Act 2001 · Documents: Certified copy of the order, Covering letters to banks and asset holders, Affidavit of service

Written objection and reply

The respondent files a written objection, usually arguing that there is no valid arbitration agreement, that the seat is abroad, that the applicant has no prima facie case, or that the relief would interfere with an independent bank guarantee. It may also argue that the tribunal has already dealt with the point. The applicant replies by affidavit. Interim orders are usually extended at each date until the hearing, but the applicant must ask for each extension in time, because an expired order is not revived automatically.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: 1-3 months · Law: s.7A(3) Arbitration Act 2001; s.7A(5) Arbitration Act 2001 · Documents: Written objection, Affidavit-in-reply, Applications to extend the interim order

Tip: Diarise the expiry date of every interim order. Missing an extension is one of the most common and costly mistakes.

Contested hearing

The court hears both sides on maintainability and on the merits of the interim relief. It does not decide the dispute itself, which belongs to the arbitral tribunal; it asks only whether the subject matter needs protection so that the arbitration and any award are not made pointless. In the High Court Division, arbitration applications are heard on affidavits. Before the District Judge or a Commercial Court, the court uses the powers it has in other proceedings under section 7A(2).

The High Court Division has said that a section 7A petition is not a plaint and is not governed by section 141 of the Code. Oral evidence is rare.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: 1-6 months from filing · Law: s.7A(1) and (2) Arbitration Act 2001; Civil Revision No. 7045 of 2023 (HCD, 24.04.2024) · Documents: Written submissions, Case law, Supplementary affidavits

The interim order and its terms

Section 7A(1) lists what the court can order: a guardian for a minor or a person of unsound mind, interim custody or sale of goods, a restraint on transferring property to defeat an award, inspection, photographs, samples and evidence-taking, ad interim injunctions, a receiver, and any other reasonable protective measure. The order usually lasts until the arbitration ends or a stated date, and the court may require security or an undertaking. These interim measures in aid of arbitration do not decide the merits, and the tribunal is free to reach its own view.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: Order day; certified copy 1-3 weeks · Law: s.7A(1)(a)-(g) Arbitration Act 2001; s.7A(2) Arbitration Act 2001 · Documents: Signed order, Certified copy, Security documents, if ordered

The tribunal takes over interim protection

Once constituted, the arbitral tribunal can make its own interim orders under section 21 after notice to the other side, or without notice in an emergency, and it can require security. Section 7A(6) provides that where a tribunal or an empowered institution makes an order on the same matter, the court's order becomes wholly or partly inoperative. Parties should therefore tell the tribunal about the court's order, and ask it to continue or adjust the protection, so that there is no gap between the two.

Where: Arbitral tribunal (or arbitration institution) · Time: 2-8 weeks after constitution · Law: s.21 Arbitration Act 2001; s.7A(6) Arbitration Act 2001 · Documents: Application to the tribunal, Tribunal's procedural order on interim measures

Enforce the tribunal's interim order through the court

A tribunal's interim order binds the parties but cannot be executed directly. Under section 21(4), the party who asked for it can apply to the court to enforce it. Section 21(5) makes clear that such an application does not breach the arbitration agreement or section 7, and does not waive the right to arbitrate. The court treats the application as a miscellaneous proceeding and uses its ordinary powers, including against a party who disobeys.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: 1-3 months · Law: s.21(4)-(5) Arbitration Act 2001; s.7 Arbitration Act 2001 · Documents: Tribunal's interim order, Enforcement application, Evidence of non-compliance

Vary, extend or vacate as the case develops

Under section 7A(5), the court can cancel, alter or amend its order whenever it considers it appropriate. Common applications include releasing goods against a bank guarantee, reducing the amount restrained, or vacating the order because the applicant has not pursued the arbitration. The respondent can apply at any time on new facts. An applicant who delays starting or pursuing the arbitration risks losing the protection and facing a claim for costs.

Where: District Judge's Court (or Commercial Court where one is set up) · Time: 2-8 weeks · Law: s.7A(5) Arbitration Act 2001 · Documents: Application under s.7A(5), Supporting affidavit, Substitute security

Protection until the award is enforced

Section 7A orders can run until enforcement of the award under section 44, for a Bangladesh-seated award, or section 45, for a foreign award. This is the one stage at which interim measures in aid of arbitration are available even where the seat was abroad, according to the Accom Larger Bench. When the award is made, the award-holder asks the court to keep the restraint in place over bank balances or other assets while the sixty-day window to challenge it runs, and then moves to execution, where the restrained assets can be attached.

Where: Bank, port or other holder of the assets · Time: Until execution · Law: s.7A(1) Arbitration Act 2001; s.44 Arbitration Act 2001; s.45 Arbitration Act 2001 · Documents: Award, Application to continue the restraint, Execution application