China-Related Arbitration for Bangladesh Parties

by Barrister Tahmidur Rahman | Sep 26, 2026

Disputes & ArbitrationBangladesh and China disputes, coordinated9 min read

China-Related Arbitration for Bangladesh Parties

Advice on China-related arbitration for Bangladeshi companies and for Chinese investors, contractors, lenders and suppliers working in Bangladesh: drafting clauses, choosing between mainland and Hong Kong seats, running CIETAC, HKIAC or SIAC cases efficiently, and enforcing awards in Bangladesh or mainland China.

Overview

China-related arbitration: why the details of the clause matter

China-related arbitration covers any dispute where a Bangladeshi party meets a counterparty, institution, seat or asset connected with mainland China. Chinese contractors, equipment suppliers, lenders and investors are now active across Bangladesh's power, transport, textile and industrial sectors, and their contracts frequently refer disputes to a Chinese institution such as CIETAC, to Hong Kong, or to a neutral seat such as Singapore. The connection may also be less obvious: a Chinese parent guarantee, a performance bond issued by a Chinese bank, or assets held in mainland China that a Bangladeshi award creditor wants to reach through China-related arbitration.

Being China-related does not mean being China-seated. The arbitration agreement may name a Chinese institution but a seat elsewhere, a Hong Kong seat with mainland assets, or a Dhaka seat with a Chinese party. Each choice changes the procedural law, the supervisory court, the language, the challenge route and the enforcement path. Hong Kong SAR and Macao SAR have their own arbitration laws and their own arrangements with the mainland, so they must be treated as separate jurisdictions. The first job in any China-related arbitration is to read the clause carefully and map what it actually says.

The legal framework moved in 2026. China's revised Arbitration Law took effect on 1 March 2026 and contains provisions on foreign-related arbitration, including matters such as the seat and ad hoc arbitration in defined settings. Bangladesh's Arbitration Act 2001 governs arbitrations seated in Bangladesh and the recognition of foreign awards, and both countries are parties to the New York Convention. Institutional rules have also changed, with CIETAC and HKIAC each issuing revised rules in 2024. Advice on any China-related arbitration must start from the version of the rules and the law that actually applies to your contract.

Our arbitration work is led by Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub, both of whom act in international arbitration, and it sits within the firm's broader dispute resolution practice. We work with counsel in China, Hong Kong and Singapore, which allows us to coordinate Bangladesh law, evidence and enforcement questions with the procedural requirements of the seat. For Chinese clients, we explain Bangladeshi courts, regulators and documentary practice. For Bangladeshi clients, we make the Chinese institutional process understandable and manageable. That two-way perspective helps keep China-related arbitration focused on the commercial result.

Many disputes are won or lost long before a hearing. Clear clauses, organised bilingual records, timely notices under the contract and early thinking about where assets sit all improve your position. If you are negotiating a contract with a Chinese counterparty, have received a notice of arbitration, or hold an award you need to enforce, contact our Dhaka office for an initial review. We will tell you what the clause means, what the deadlines are and what the realistic options look like. Early advice in China-related arbitration is almost always cheaper than late correction.

01 · What we handle

Core workstreams

  • Drafting and negotiating arbitration clauses
  • Responding to a notice of arbitration
  • Running CIETAC and HKIAC proceedings
  • Evidence, translation and record management
02 · How it runs

Four clear stages

  1. 01Read the clause
  2. 02Secure the full record
  3. 03Run the proceedings
  4. 04Enforce or resist awards
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 work on Bangladesh and China disputes

Workstream 01Disputes & Arbitration

Drafting and negotiating arbitration clauses

  • Read the clause
  • Secure the full record
  • Run the proceedings
  • Enforce or resist awards
Workstream 02Disputes & Arbitration

Responding to a notice of arbitration

  • Read the clause
  • Secure the full record
  • Run the proceedings
  • Enforce or resist awards
Workstream 03Disputes & Arbitration

Running CIETAC and HKIAC proceedings

  • Read the clause
  • Secure the full record
  • Run the proceedings
  • Enforce or resist awards
Workstream 04Disputes & Arbitration

Evidence, translation and record management

  • Read the clause
  • Secure the full record
  • Run the proceedings
  • Enforce or resist awards
Workstream 05Disputes & Arbitration

Interim relief and security

  • Read the clause
  • Secure the full record
  • Run the proceedings
  • Enforce or resist awards
Workstream 06Disputes & Arbitration

Award enforcement in Bangladesh and China

  • Read the clause
  • Secure the full record
  • Run the proceedings
  • Enforce or resist awards
01

Drafting and negotiating arbitration clauses

We advise on clauses in supply, EPC, distribution, technology and joint venture contracts with Chinese counterparties. We address the institution, the seat, governing law, language, number of arbitrators, emergency relief and enforcement. Where a Chinese party insists on CIETAC or a mainland seat, we explain the consequences and negotiate practical protections, such as English as the language of the arbitration or a neutral seat. A well-drafted clause makes any later China-related arbitration simpler and cheaper.

02

Responding to a notice of arbitration

When a notice arrives, the time limits under the institutional rules start running. We identify the governing rules and their version, calculate response dates, advise on nominating an arbitrator, and prepare the answer and any counterclaim. We also check whether the claim falls within the clause and whether any jurisdictional objection should be raised at the outset rather than later in the proceedings. Early mistakes in a response are difficult to correct.

03

Running CIETAC and HKIAC proceedings

We act as Bangladesh counsel and coordinating counsel in China-related arbitration under CIETAC, HKIAC, SIAC and other rules. We manage pleadings, witness statements, expert evidence and document production, and we work with co-counsel at the seat on hearings and procedural applications. Our role is to ensure Bangladesh-law issues, local documents and witnesses are presented accurately and persuasively. We also keep clients informed of costs at each stage.

04

Evidence, translation and record management

Disputes between Bangladeshi and Chinese parties often involve records in Bengali, Chinese and English. We plan document collection early, preserve emails and messaging records, arrange certified translations and build a chronology the tribunal can follow. Good record management reduces cost, avoids disputes over translations and helps witnesses give evidence consistently under cross-examination. This is often decisive in China-related arbitration, where translation disputes can delay hearings for weeks.

05

Interim relief and security

Urgent measures may be needed to stop a call on a performance guarantee, preserve assets or protect confidential information. We assess emergency arbitrator procedures under the chosen rules, applications to the courts of the seat, and the limited and fact-sensitive options before Bangladeshi courts. We also advise banks and beneficiaries on guarantee and counter-guarantee structures involving Chinese issuers. Speed matters, so we act within days.

06

Award enforcement in Bangladesh and China

We advise on enforcing foreign awards in Bangladesh under the Arbitration Act 2001 and the New York Convention, and on resisting enforcement where there are proper grounds. Working with Chinese counsel, we map recognition proceedings in mainland China against assets there. We also consider Hong Kong enforcement, settlement leverage and the practical location of the debtor's assets. Enforcement planning starts before the award, not after it.

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.

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01

Our contract names CIETAC but no seat. Where is our China-related arbitration seated?

That depends on the wording of the clause, the CIETAC rules in force when the arbitration started and the law that governs the agreement. Under the CIETAC rules, if the parties have not agreed a seat, the institution's rules supply a default, which may point to a place in mainland China, subject to CIETAC's power to decide otherwise. The answer affects which court supervises the arbitration and how any award is treated. We review the clause, any later correspondence and the conduct of the parties before advising, because an early answer avoids costly arguments later.

02

Should a Bangladeshi company accept a mainland China seat in its supply or EPC contract?

It can be acceptable, but it should be a deliberate choice. A mainland seat brings Chinese procedural law and supervision by Chinese courts, and hearings may be expected in Chinese unless the parties agree otherwise. Some Bangladeshi companies prefer Hong Kong or Singapore because the procedure is familiar and English is the default working language. Others accept a mainland seat to win the contract, and then negotiate protections on language, arbitrator nationality and document production. We set out the trade-offs for China-related arbitration plainly so that you can decide with full information before signing.

03

Can a CIETAC award be enforced against a debtor's assets located in Bangladesh?

Bangladesh is a party to the New York Convention, and the Arbitration Act 2001 contains provisions on recognising and enforcing foreign arbitral awards. A CIETAC award made in mainland China can therefore be presented for enforcement in Bangladesh, subject to the grounds for refusal recognised by the Act and the Convention, such as lack of proper notice or a conflict with public policy. It needs authenticated copies of the award and agreement, with translations where required. We prepare the filing, anticipate the debtor's objections and plan steps against identified assets. Early planning improves the chance of recovery in China-related arbitration.

04

How does China's 2026 Arbitration Law affect existing contracts?

The revised Arbitration Law took effect on 1 March 2026. Its effect on a specific contract depends on transitional provisions, the seat and the rules the parties chose. The changes are most relevant where an arbitration is seated in mainland China or where enforcement is sought before Chinese courts. Contracts signed earlier are not automatically rewritten, but procedural steps taken after the effective date may be affected. We work with Chinese counsel to confirm how the revised law applies in your China-related arbitration and whether any amendment to future contracts is advisable.

05

Is Hong Kong treated the same as mainland China for China-related arbitration purposes?

No. Hong Kong SAR has its own arbitration ordinance based on the UNCITRAL Model Law, its own courts and its own institution, HKIAC. A Hong Kong award is enforced in mainland China under a specific arrangement between the two jurisdictions, rather than under the New York Convention. In Bangladesh, a Hong Kong award is approached as a foreign award, and the enforcement analysis will consider the Convention position and the Arbitration Act 2001. We treat Hong Kong, Macao and the mainland as separate jurisdictions in every assessment and every piece of advice we give.

06

What language will a China-related arbitration be conducted in?

The language is usually what the parties agreed. If the clause is silent, the institutional rules decide, and some rules default to Chinese unless the tribunal or institution determines otherwise. For a Bangladeshi party, conducting the case in Chinese can increase cost and make it harder for witnesses and management to follow the proceedings. We encourage clients to agree English expressly in the contract. Where that has not happened, we can apply for English to be used and arrange reliable translation of key documents, submissions and witness evidence throughout. Insist on clarity early in the contract.

07

Can Bangladeshi courts grant interim relief for a foreign-seated arbitration?

This is a difficult area. The Arbitration Act 2001 is primarily framed around arbitrations seated in Bangladesh, and the courts' power to grant interim measures in support of a foreign-seated arbitration has been limited and debated. The answer depends on the relief sought, the statutory basis and current case law. In many China-related arbitration cases the more effective routes are the emergency arbitrator procedure under the chosen rules or an application to the court of the seat. We assess every available option quickly when urgent protection is needed. Speed is essential in these situations, so prepare early.

08

How do we manage costs in a China-related arbitration with a Chinese counterparty?

Cost control starts with the clause and continues with case management. Institutional fees vary between CIETAC, HKIAC and SIAC, and some are calculated by reference to the amount in dispute. Translation, travel and expert evidence can add significantly. We agree a budget with clients at the outset, recommend a focused approach to document production, and consider early settlement or mediation where it makes commercial sense. Funding options, including third-party funding, can also be explored, subject to the rules of the seat and the institution, and to careful review of the terms offered. Keep a close eye on spending throughout.

How a matter runs

From first call to resolution.

  1. 01

    Read the clause

    We identify the institution, rules version, seat, governing law, language and scope, and confirm whether Hong Kong, Macao or mainland China law governs the procedure and supervisory court for the dispute before we take any formal step.

  2. 02

    Secure the full record

    We preserve contracts, notices, invoices, technical records and messaging data in Bengali, Chinese and English, arrange certified translations and build a chronology to support the China-related arbitration from the first day of the dispute.

  3. 03

    Run the proceedings

    We prepare pleadings, evidence and applications with co-counsel at the seat, nominate arbitrators, carefully manage deadlines under the institutional rules, and present Bangladesh-law issues and witnesses clearly to the tribunal throughout the case.

  4. 04

    Enforce or resist awards

    We map assets and enforcement routes in Bangladesh, mainland China and Hong Kong, then file or properly oppose recognition proceedings, while keeping settlement and negotiated payment options under active review until payment is received.

“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.

What counts as China-related arbitration for a Bangladeshi business?
Any arbitration with a meaningful mainland China connection: a Chinese counterparty, a Chinese institution such as CIETAC, a seat in mainland China, Chinese guarantees or banks, or assets located in China. Hong Kong and Macao are separate jurisdictions with their own laws, so we assess them separately even when the commercial relationship is the same and the parties belong to one group. Each China-related arbitration therefore starts with a careful jurisdictional map. That map identifies the parties, the seat, the governing law and the places where assets are likely to be found.
Are CIETAC and HKIAC the only institutions used in disputes with Chinese parties?
No. Other Chinese institutions, such as the Shanghai and Shenzhen centres and the Beijing Arbitration Commission, also handle foreign-related cases, and many contracts choose SIAC, the ICC or the LCIA instead. The right choice depends on the transaction, the counterparty's preferences, enforcement needs and the language and seat the parties can realistically agree on. We help clients compare institutions on cost, speed, language, arbitrator pools and enforcement before a China-related arbitration clause is signed.
Can we start a China-related arbitration if the other side ignores us?
Yes. Institutional rules allow an arbitration to proceed if a respondent fails to participate, provided proper notice is given and the procedure is followed. The tribunal will still require the claimant to prove its case. Careful service and a record of every notice are important, because a defaulting respondent may later challenge the award on notice grounds at enforcement. We keep a complete service file in each China-related arbitration, including courier and email delivery evidence. A court asked to enforce an award may refuse if the respondent was not properly notified, so proof of delivery should be kept.
Do we need Chinese lawyers as well as TRW & Co?
Often, yes. Where the seat or assets are in mainland China, Chinese-qualified counsel advise on Chinese law and appear before Chinese courts. We coordinate that work, advise on Bangladesh law and evidence, and keep the overall strategy consistent. For Hong Kong or Singapore seats, we work with counsel qualified in those jurisdictions on the same coordinated basis. Clients receive one coordinated plan rather than separate and possibly conflicting advice from several firms. We also manage communication between teams.
How long does a CIETAC or HKIAC arbitration usually take from start to award?
Duration depends on the complexity of the dispute, the number of parties, the procedural timetable and whether expedited procedures apply. Smaller claims may qualify for summary or expedited procedures under the rules. We set realistic expectations at the start and propose a timetable to the tribunal that balances speed with the evidence each side genuinely needs. Delay is often caused by translation, document disputes and scheduling across time zones, so we plan for those risks early. Hearing schedules and the tribunal's workload also affect timing, so any estimate we give is a range rather than a promise.
Can a performance guarantee issued by a Chinese bank be stopped during a dispute?
Demand guarantees are generally treated as independent of the underlying contract, so stopping payment is difficult and usually requires clear evidence of fraud or a comparable exceptional ground. The analysis depends on the guarantee's terms, its governing law and the forum. We assess the guarantee text, the underlying dispute and the available courts before advising on any application. Acting quickly matters, because many guarantees are paid within days of a compliant demand being presented. Preserving the contract documents, checking the demand against the guarantee terms and considering interim relief all need attention in the first days.
Should we try mediation before starting a China-related arbitration?
Many contracts with Chinese counterparties include negotiation or mediation steps before arbitration. Following those steps properly protects you against jurisdictional objections. Mediation can also help preserve a commercial relationship and save cost. We advise on whether the tiered clause is mandatory, how to document compliance, and how to approach mediation without weakening your arbitration position. Mediation and China-related arbitration can work together when the process is planned carefully from the outset.
What should we do first if a China-related dispute is emerging?
Preserve documents, stop informal admissions in emails or messaging apps, review the contract's notice provisions and send required notices on time. Then obtain advice on the clause and the likely forum. Early steps often decide whether a claim is preserved, and they help you avoid procedural mistakes that are costly to correct once the arbitration begins. A short call with counsel at this stage can save significant time and cost in any China-related arbitration that follows. Bring the contract, the arbitration clause and any correspondence so that we can give a focused first assessment.

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