For a business, the term covers every process by which it can resolve a problem arising from international trade. Some are public: asking the government to raise a foreign measure at the WTO or under a regional agreement, or bringing an investment treaty claim. Others are private: arbitration or litigation against a buyer, seller, bank or carrier, and administrative appeals against customs decisions. The right route depends on who caused the harm, which legal obligations were breached, and what outcome the business needs, whether payment, market access, release of goods or a change of policy. We help businesses choose wisely.

It depends on the obligations involved and practical factors. WTO rules are comprehensive and well developed, but proceedings are slow and the appellate stage is currently not functioning. Regional and bilateral agreements may contain more specific commitments, such as tariff preferences or rules of origin, and their procedures may be faster, but some are rarely used. Diplomatic relations with the respondent state also affect forum choice. We analyse the measure under each available agreement and help associations and officials choose the forum where the legal case is strongest and an outcome is achievable. Trade dispute settlement choices also shape costs.

Possibly, if the investor's home state has an investment treaty with Bangladesh and the investor and investment meet the treaty's definitions. Treaties typically protect against expropriation without compensation, unfair and inequitable treatment, discrimination and restrictions on transfers, though wording varies widely. Most require written notice and a negotiation period before arbitration. Claims may proceed under ICSID or UNCITRAL rules depending on the treaty. Investor-state claims are a serious step with diplomatic consequences, so we usually advise investors to combine formal notice with structured negotiation aimed at a commercial solution. Treaty-based trade dispute settlement needs specialist handling.

Start with the contract and the shipping and payment documents. Check the governing law, the dispute resolution clause, the payment terms and whether a letter of credit or guarantee applies. If payment was by documentary credit, examine any refusal notice for discrepancies and whether they are valid. Preserve correspondence, inspection reports and evidence of delivery. Then assess where the buyer has assets, because a judgment or award is only useful if it can be enforced. Early, firm communication, such as a demand letter setting out the claim and payment deadline, often produces a settlement before formal proceedings are needed.

Bangladesh is a party to the New York Convention, and the Arbitration Act 2001 provides for the recognition and enforcement of foreign arbitral awards through the courts. Enforcement can be refused only on limited grounds, such as incapacity, invalid agreement, lack of proper notice, excess of jurisdiction or public policy. Foreign court judgments are treated differently: judgments from certain reciprocating territories may be executed directly, while others generally require a fresh suit. For that reason, arbitration is often preferred in cross-border trade dispute settlement involving Bangladeshi counterparties. Clauses should name the seat, rules and language of arbitration clearly.

The Commercial Courts Act 2026 establishes a dedicated framework for commercial disputes, intended to bring greater specialisation and speed to cases involving trade, banking, shipping, intellectual property and similar matters. Procedures are still developing as courts and practitioners apply the new law. Separately, mandatory pre-case mediation is being introduced for certain disputes as the Legal Aid Services (Amendment) Act 2026 rolls out by district. Businesses should check whether a claim falls within these regimes before filing, because procedural requirements affect timing, costs and the remedies available. We help clients check this before filing any claim.

Customs disputes usually begin with the assessment or decision of a customs officer, followed by a review or appeal within the customs system and then an appeal to the specialist appellate tribunal. Points of law may then be taken to the High Court Division. Deadlines are strict, and goods may be held pending resolution, so practical steps such as provisional release against a bond or guarantee, requested at the outset, are often needed. Where a customs practice reflects a broader policy that may breach trade commitments, the individual appeal can sit alongside advocacy with the government.

Timing differs widely by forum. A negotiated commercial settlement can be reached in weeks. Institutional arbitration commonly takes one to two years, and enforcement may add more time where the losing party resists. Customs appeals depend on tribunal and court workloads. State-to-state proceedings at the WTO or under regional agreements, and investment treaty arbitrations, typically run for several years. Because of these differences, we often pursue a fast commercial or interim remedy while longer proceedings continue, so the client's business is protected meanwhile. Trade dispute settlement planning should reflect these timelines, with budgets set stage by stage.