International and Transnational Litigation in Bangladesh

by Barrister Tahmidur Rahman | Sep 29, 2026

Disputes & ArbitrationCourt disputes across borders8 min read

International and Transnational Litigation in Bangladesh

We handle international and transnational litigation for Bangladeshi companies, foreign businesses and non-resident Bangladeshis, covering jurisdiction, parallel proceedings, service and evidence abroad, proof of foreign law and the enforcement of foreign judgments, working with trusted counsel in key overseas jurisdictions and financial centres.

Overview

Our approach to transnational litigation

Transnational litigation rarely stays in one place. A supplier in China, a buyer in Dhaka, a bank guarantee issued in Singapore and a director living in London can all be part of one case. Our transnational litigation practice helps clients decide where to sue or defend, how to protect assets and evidence, and how a judgment obtained in one country can be made to work in another. We act for Bangladeshi companies, foreign businesses with Bangladeshi counterparties and non-resident Bangladeshis. This work is part of our dispute resolution practice in Bangladesh, alongside our arbitration team and banking lawyers.

In Bangladesh, civil proceedings are governed mainly by the Code of Civil Procedure 1908, the Limitation Act 1908, the Specific Relief Act 1877 and the Evidence Act 1872, together with the Commercial Courts Act 2026, which introduces a dedicated framework for commercial disputes. Courts can exercise jurisdiction where a defendant resides or carries on business, or where the cause of action arose in whole or in part. Foreign law is treated as a question of fact and must be proved by evidence. Each of these rules affects strategy in transnational litigation, often from the first letter of demand.

Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub advise on cross-border strategy, contracts, finance and the interaction between court and arbitration routes. Barrister Mahbub is a solicitor of England and Wales (non-practising), which helps when English proceedings or English law are involved. Adv Syed Wahid, our managing partner, leads litigation before the Bangladesh courts. We work with counsel in the UK, US, UAE, China, India and Singapore, so that transnational litigation steps abroad and in Bangladesh support each other. The Legal 500 Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.

Many problems in transnational litigation are practical rather than doctrinal. Documents may be in Bengali and need certified translation. Witnesses may be unable to travel. A defendant may have assets in several countries, but only some of them can realistically be reached. Court timetables in Bangladesh can be slower than overseas, and parallel proceedings can produce inconsistent results. We plan around those realities, set clear priorities and keep each forum's procedure in view, so that clients spend time and money where they are most likely to achieve a useful result rather than on procedural skirmishes that add little value.

Not every dispute needs transnational litigation. Contracts may require negotiation, mediation or arbitration first, and the Legal Aid Services (Amendment) Act 2026 is introducing mandatory pre-case mediation for certain disputes, district by district. Settlement may be quicker and cheaper where both sides face enforcement difficulties in each other's home courts. We advise on when to use pressure from proceedings and when to negotiate, and on how to document a cross-border settlement so it can be enforced. To discuss a dispute with a Bangladesh connection, please contact our Dhaka office, ideally before any proceedings are issued anywhere.

01 · What we handle

Core workstreams

  • Forum and jurisdiction strategy
  • Parallel proceedings coordination
  • Interim relief and asset protection
  • Service, evidence and foreign law
02 · How it runs

Four clear stages

  1. 01Map the dispute
  2. 02Choose the strategy
  3. 03Run the proceedings
  4. 04Enforce the result
03 · Start here

Talk to a partner

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

Book →
How we help

What we handle

Workstream 01Disputes & Arbitration

Forum and jurisdiction strategy

  • Map the dispute
  • Choose the strategy
  • Run the proceedings
  • Enforce the result
Workstream 02Disputes & Arbitration

Parallel proceedings coordination

  • Map the dispute
  • Choose the strategy
  • Run the proceedings
  • Enforce the result
Workstream 03Disputes & Arbitration

Interim relief and asset protection

  • Map the dispute
  • Choose the strategy
  • Run the proceedings
  • Enforce the result
Workstream 04Disputes & Arbitration

Service, evidence and foreign law

  • Map the dispute
  • Choose the strategy
  • Run the proceedings
  • Enforce the result
Workstream 05Disputes & Arbitration

Foreign judgment recognition and enforcement

  • Map the dispute
  • Choose the strategy
  • Run the proceedings
  • Enforce the result
Workstream 06Disputes & Arbitration

Non-resident and diaspora disputes

  • Map the dispute
  • Choose the strategy
  • Run the proceedings
  • Enforce the result
01

Forum and jurisdiction strategy

We assess where a claim can and should be brought, considering jurisdiction clauses, the location of parties, assets and evidence, governing law, limitation and the likely speed and cost of each court. Where a counterparty has started proceedings in an inconvenient forum, we advise on challenging jurisdiction, seeking a stay or anti-suit relief, and coordinating a response that preserves every available objection and keeps future enforcement options open.

02

Parallel proceedings coordination

Transnational litigation often involves cases running in Bangladesh and abroad at the same time, sometimes alongside arbitration. We coordinate pleadings, evidence and timing across forums so that positions are consistent, admissions in one case do not damage another, and court orders obtained in one jurisdiction support enforcement in the others. We work closely with foreign counsel, in-house lawyers and insurers throughout the life of the matter, from notice to enforcement.

03

Interim relief and asset protection

We seek and resist urgent orders in Bangladesh, including temporary injunctions and attachment before judgment under the Code of Civil Procedure 1908, and coordinate with foreign counsel on freezing or preservation orders abroad. In transnational litigation, these applications depend on strong evidence of a real risk that assets will be dissipated or rights defeated, and they need to be prepared quickly, with full and frank disclosure of the material facts.

04

Service, evidence and foreign law

We advise on serving proceedings on parties outside Bangladesh and on foreign parties in Bangladesh, on taking evidence abroad through commissions or letters of request, and on presenting expert evidence of foreign law to Bangladeshi courts. We also provide Bangladeshi law evidence and expert opinions for courts and tribunals overseas, prepared in a form that foreign judges can rely on. These steps often decide the pace of transnational litigation.

05

Foreign judgment recognition and enforcement

We advise creditors on enforcing foreign judgments against Bangladeshi parties and assets, and debtors on resisting them. Judgments from certain reciprocating territories may be executed through the Bangladesh courts under the Code of Civil Procedure 1908, while others generally require a fresh suit based on the judgment. We assess the grounds of challenge, asset location and the most efficient route to recovery before any formal step is taken in Bangladesh.

06

Non-resident and diaspora disputes

We act for non-resident Bangladeshis and foreign nationals in disputes over property, inheritance, family businesses and investments in Bangladesh, where the client cannot easily attend court in person. We advise on executing and authenticating powers of attorney abroad, giving instructions remotely, and managing transnational litigation efficiently from overseas, with regular reporting in English and clear guidance on when attendance in Dhaka is genuinely needed for hearings or signings.

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

Can we sue a Bangladeshi company in our home courts instead of in Bangladesh?

Often you can, if your courts have jurisdiction under their own rules, for example because of a jurisdiction clause or because the contract was performed there. The harder question is what happens next. A foreign judgment must still be recognised or enforced in Bangladesh if the defendant's assets are here, and that may involve a new suit and arguments about jurisdiction, natural justice or public policy. Sometimes transnational litigation directly in Bangladesh, or arbitration, is more efficient. We compare the routes with your foreign lawyers, looking at speed, cost, available relief and where recovery can realistically be made.

02

How are foreign court judgments recognised and enforced in Bangladesh?

Under the Code of Civil Procedure 1908, a foreign judgment is generally conclusive on the matters it decides, unless an exception applies, such as lack of jurisdiction, failure to hear the case on its merits, breach of natural justice, fraud, or a claim founded on a breach of Bangladeshi law. Decrees from certain notified reciprocating territories may be executed directly, as if they were local decrees. For other countries, the usual route is a suit on the judgment. We confirm the current position for the relevant country, prepare certified documents and plan execution against identified assets so recovery follows quickly.

03

How do we prove foreign law in transnational litigation before a Bangladeshi court?

Bangladeshi courts treat foreign law as a question of fact, so it must be pleaded and proved, usually through the evidence of a suitably qualified expert in that law, supported by copies of the relevant statutes and decisions. If foreign law is not proved, the court may apply Bangladeshi law instead, which can change the outcome. The expert's report should address the specific issues in dispute, not general principles. We identify suitable experts through our network of counsel abroad, help frame the questions, and prepare the evidence so that it is persuasive, consistent and properly admitted at trial.

04

What if the other side has already started court proceedings in another country?

Act quickly. Depending on the forum, you may be able to challenge jurisdiction, seek a stay in favour of another court or an arbitration, or bring your own claim in a more appropriate place. Taking a step in the foreign case without expressly reserving your position can sometimes be treated as accepting jurisdiction. Parallel transnational litigation in Bangladesh may also be possible, but they can lead to inconsistent judgments and extra cost. We work with local counsel in the foreign forum to agree a coordinated strategy, protect time limits and avoid waiving objections that could be important later.

05

Can a Bangladesh court freeze assets in support of transnational litigation?

Bangladesh courts can grant temporary injunctions and order attachment before judgment where a claimant shows a strong case and a real risk that the defendant will remove or dispose of property to defeat a decree. Relief in support of foreign proceedings is more limited and depends on the facts and the available basis of jurisdiction. Bank accounts, land, shares, vehicles and receivables in Bangladesh may all be relevant. These applications need clear evidence and must be pursued promptly. We assess whether local relief is realistic, and coordinate with foreign counsel on freezing orders abroad where assets are held elsewhere.

06

How long does transnational litigation take in Bangladesh?

Timing varies widely. A focused commercial claim may move faster under the Commercial Courts Act 2026 framework, while ordinary civil suits, appeals and revision applications can take considerably longer, particularly where interim orders are contested. Service abroad, translation and the taking of evidence overseas add time. Settlement can occur at any stage, and mandatory mediation may apply to some disputes before filing. We give an honest assessment of likely timing at the outset, explain the factors that can accelerate or delay a case, and update clients as the matter develops rather than offering guarantees about outcome or timing.

07

Can we manage a court case in Bangladesh without travelling there from abroad?

Usually yes, for most of the case. A properly executed and authenticated power of attorney allows a representative to act on your behalf, and we can take instructions, review documents and report by video call and email. Some steps may require personal evidence, which can sometimes be arranged by commission or with court permission. Original documents may need to be notarised and legalised abroad before they are used. In transnational litigation, we explain the formalities for the country where you live, so that papers are accepted first time and the case is not delayed by preventable defects.

08

Will a foreign claimant have to give security for costs in Bangladesh?

A Bangladeshi court has power to order a plaintiff to provide security for the defendant's costs in certain circumstances, and residence outside Bangladesh with no assets here can be a relevant factor. Whether an order is made depends on the facts and the court's discretion. Defendants sometimes apply for security as a tactical step to delay a claim. We advise foreign claimants on how to reduce the risk, for example by showing assets or offering a reasonable undertaking, and advise defendants on when an application is justified. Costs awards in Bangladesh are typically modest compared with some foreign courts.

How a matter runs

From first call to resolution.

  1. 01

    Map the dispute

    We review contracts, correspondence, corporate details and asset information across each jurisdiction, then identify the available forums, applicable laws, limitation periods and any urgent steps needed to protect the client's position immediately, before the transnational litigation gathers pace.

  2. 02

    Choose the strategy

    We recommend where and how to proceed, coordinate with foreign counsel, and decide whether to begin with negotiation, mediation, interim relief or a full claim in Bangladesh, abroad or in more than one forum at once, with a budget.

  3. 03

    Run the proceedings

    We prepare pleadings, evidence and expert reports, attend hearings, handle service and evidence abroad, and keep positions consistent across all forums involved in the transnational litigation from first filing to final judgment, with regular written reporting to the client.

  4. 04

    Enforce the result

    We convert a judgment, order or settlement into recovery, enforcing in Bangladesh or abroad, resisting improper enforcement attempts, and pursuing assets wherever they can realistically be reached through the courts, or through a negotiated settlement backed by security.

“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 is transnational litigation?
It is court litigation with significant connections to more than one country, for example where the parties, the contract, the assets or the evidence are located in different jurisdictions. It raises questions that purely domestic cases do not, including which court has jurisdiction, which law applies, how to serve documents and take evidence abroad, and whether a judgment will be recognised and enforced where the losing party's assets are actually located. Transnational litigation therefore needs a plan from day one.
Is arbitration better than transnational litigation?
Not always, but it often has advantages. Arbitral awards benefit from the New York Convention, to which Bangladesh is a party, while foreign judgments rely on more limited rules. Courts, however, can bind third parties, grant certain interim orders and may be cheaper for smaller claims. If the contract already contains an arbitration clause, that will usually decide the route, subject to the clause's scope and any valid objections. We assess both routes early, before notices are sent.
Which courts in Bangladesh hear cross-border commercial disputes?
Civil suits begin in the district-level courts with jurisdiction over the parties or the cause of action, with appeals and revisions to higher courts, including the High Court Division of the Supreme Court. The Commercial Courts Act 2026 creates a dedicated commercial framework, and its practical allocation of cases is still settling. Writ petitions against public and statutory bodies are heard by the High Court Division under its constitutional jurisdiction. We advise on the right court for transnational litigation claims.
Do Bangladeshi courts respect foreign jurisdiction clauses in commercial contracts?
Generally, courts give weight to a clause in which the parties agreed to submit disputes to a particular court, particularly an exclusive clause, but the outcome depends on the wording, the facts and whether Bangladeshi courts also have jurisdiction. A party wishing to rely on a foreign clause should raise it at the first opportunity. We advise on drafting clauses that reduce the risk of transnational litigation about forum later on. Clear, consistent wording across related contracts saves cost.
Can documents in Bengali be used abroad?
Yes, but foreign courts will usually require certified English translations, and some will also require notarisation or legalisation of the originals and the translation. Each translation should be accurate and consistent across all proceedings, since discrepancies are easily exploited in cross-examination. We review translations of key documents for legal accuracy and coordinate certification so the papers are accepted wherever transnational litigation is running. Early planning avoids last-minute delays at hearings and keeps the evidence consistent everywhere.
What does it cost to litigate a commercial claim in Bangladesh?
Costs depend on the claim, the number of hearings, interim applications, expert evidence and appeals. Court fees in money suits are generally calculated on an ad valorem basis by reference to the amount claimed, subject to applicable caps and rules. We provide a staged budget after reviewing the matter, and keep it updated as the case progresses, rather than quoting a figure before we understand the dispute. Transnational litigation budgets also cover foreign counsel and translation.
Can a foreign company be sued in Bangladesh?
Yes, where a Bangladeshi court has jurisdiction, for example because the foreign company carries on business in Bangladesh through a branch or office, or because the cause of action arose here. Service on a party abroad must follow the applicable procedure. A foreign defendant should take advice promptly on whether to contest jurisdiction, because steps taken in the case can affect later objections and enforcement of any decree, in Bangladesh or abroad, including against local bank accounts.
Do your lawyers appear in foreign courts themselves?
We advise on and coordinate foreign proceedings, but appearances in foreign courts are handled by locally qualified counsel, with whom we work closely in the UK, US, UAE, China, India and Singapore. We provide the Bangladesh law input, documents, witness coordination and strategic oversight, so that the client receives one joined-up strategy across every forum involved in the transnational litigation. We also brief foreign counsel on Bangladeshi procedure, timing and practice, so expectations stay realistic.

Plan your cross-border dispute strategy with us

Speak with the partners about Transnational litigation in Bangladesh or across borders.

Book a consultation →
Transnational litigation: TRW & Co, Dhaka
Message TRW on WhatsApp