International Arbitration in Bangladesh
International arbitration for Bangladeshi companies, foreign investors and state-linked bodies: clause review, tribunal strategy, interim relief and award enforcement, handled by Dhaka counsel who work alongside arbitration teams in London, Singapore, Dubai and other leading seats worldwide, from first notice to final recovery.
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
How our international arbitration practice works
When a cross-border contract breaks down, the choices made in the first weeks often decide what an award is worth. Our international arbitration practice advises Bangladeshi companies, foreign investors, contractors, lenders and state-linked entities on disputes with a Bangladesh connection, whether the seat is Dhaka, Singapore, London or elsewhere. We read the clause, governing law and institutional rules together with the commercial position, the evidence and the location of assets, so the case is built around where any award must be enforced. This work sits within our wider dispute resolution practice in Bangladesh.
The Arbitration Act 2001 is the starting point for any arbitration seated in Bangladesh and for enforcing foreign awards here. It applies to domestic and international commercial arbitration, and Bangladesh has been a party to the New York Convention since 1992. The statute is only part of the picture. How Bangladesh courts approach interim relief, stays of court proceedings, challenges to awards and enforcement applications shapes international arbitration strategy, and court timing can be hard to predict. We plan for that from the outset, so that procedural risk in Bangladesh does not undermine a strong case on the merits.
Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub lead the firm's international arbitration work. Both advise on and conduct institutional and ad hoc proceedings, and Barrister Mahbub is also a solicitor of England and Wales (non-practising), which helps where English law or a London seat is involved. Adv Syed Wahid, our founding partner, leads the related court work in Bangladesh, including applications to stay proceedings, to obtain interim measures and to enforce or resist awards. The Legal 500 Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh, the area that includes this work.
Many international arbitration matters involve more than one legal system. We work with counsel in the UK, US, UAE, China, India and Singapore when foreign law advice, local enforcement or a joint counsel team is needed, and we coordinate closely with in-house lawyers and technical experts. Disputes in this area often arise from energy, construction, shipping, supply, technology and joint-venture contracts, and they can overlap with banking, insolvency or regulatory issues. Where a dispute is at an early stage, an initial review of the clause and the key records can be arranged through our Dhaka office.
Not every dispute should run to a final hearing. Many contracts require negotiation, a dispute board or mediation before an international arbitration can begin, and skipping a mandatory step can hand the other side a jurisdictional objection. We check those conditions first and use them where they offer a real chance of settlement. We also look at how the case file is assembled: personal data in employee records, customer files and emails now needs handling with the Personal Data Protection Act 2026 in mind, particularly when documents are sent to a tribunal, institution or co-counsel outside Bangladesh.
Core workstreams
Four clear stages
- 01Initial clause review
- 02Case building
- 03Proceedings and hearing
- 04Award and enforcement
Talk to a partner
Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.
Book →What we handle
Clause review and drafting
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
Commencing and defending claims
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
Tribunal and procedural strategy
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
Interim relief and court support
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
Award challenges and enforcement
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
State and project disputes
- Initial clause review
- Case building
- Proceedings and hearing
- Award and enforcement
Clause review and drafting
We review and draft arbitration clauses for contracts with Bangladeshi counterparties, covering seat, rules, number of arbitrators, language, governing law, emergency relief and multi-tier escalation. A clear clause reduces the risk of a jurisdictional fight later. For live disputes, we test an existing clause for gaps, defective wording or conflicts with other contracts in the same project, and advise on fixing them before a notice is served.
Commencing and defending claims
We prepare notices of dispute, requests for arbitration, answers and counterclaims under the ICC, SIAC, LCIA, BIAC, UNCITRAL and other rules. Early work includes building a chronology, preserving documents, checking pre-arbitration requirements and assessing quantum. For respondents, we look at jurisdictional objections, limitation, set-off, the value of a counterclaim and how to handle any parallel court proceedings in Bangladesh without weakening the client's position in the international arbitration itself.
Tribunal and procedural strategy
We advise on arbitrator nominations, challenges, procedural timetables, document production, witness statements and expert evidence. In international arbitration involving Bangladeshi records, we plan for translation of Bengali documents, collection of records from government bodies and banks, and the practical limits on obtaining evidence locally. Hearings can be in person, virtual or hybrid, and we prepare witnesses and Bangladeshi management teams for each format, including cross-examination in English.
Interim relief and court support
Urgent protection may be needed before or during an international arbitration, for example to stop encashment of a bank guarantee, preserve assets or secure evidence. We assess whether to seek emergency arbitrator relief, tribunal measures or orders from Bangladesh courts, and how far local courts can assist where the seat is abroad. Timing, the quality of the evidence and the wording of the guarantee or security are usually decisive.
Award challenges and enforcement
We act on applications to set aside awards made in Bangladesh and on the recognition and enforcement of foreign awards against Bangladeshi parties or assets. We also advise award debtors on the available grounds to resist enforcement. The work includes asset tracing, coordinating enforcement in other New York Convention states and handling execution steps in Bangladesh once a court order is obtained, including attachment of bank accounts and other assets.
State and project disputes
Contracts with ministries, state-owned enterprises and public utilities raise particular questions on authority, approvals, immunity and the interaction between international arbitration and public procurement rules. We advise foreign contractors, power producers and suppliers in these disputes, and help them separate contractual arbitration rights from any investment treaty claim, which rests on a different legal basis, follows different rules and may carry different time limits and cooling-off periods.
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 →01Is international arbitration better than suing in a Bangladesh court?
Often, but not always. International arbitration offers a neutral forum, decision-makers with relevant expertise, a degree of privacy and an award enforceable in most trading nations under the New York Convention. Litigation in Bangladesh can involve long delays and several layers of appeal, although the Commercial Courts Act 2026 creates a dedicated commercial court framework whose practical effect is still developing. Arbitration usually costs more at the outset, and a modest, purely local claim may suit a court suit or mediation better. We weigh claim size, the counterparty's assets, urgency and the likely route to enforcement before recommending a forum.
02Should we choose Dhaka, Singapore or London as the seat?
The seat decides which courts supervise the arbitration and which law governs any challenge to the award. A Dhaka seat keeps supervision in Bangladesh, which may suit a domestic counterparty or local assets, and the Bangladesh International Arbitration Centre offers an institutional option. Singapore and London are common for cross-border contracts because their courts are experienced in supporting arbitration and rarely interfere with awards. The trade-off is that a foreign award must then be recognised in Bangladesh if the losing party's assets are here. We weigh counterparty, assets, governing law, cost and interim relief before advising on the seat.
03Can an international arbitration award made abroad be enforced against a Bangladeshi company?
Yes. Bangladesh is a party to the New York Convention, and the Arbitration Act 2001 allows a foreign award to be enforced through the Bangladesh courts as if it were a court decree. The award creditor applies with the award and the arbitration agreement, with certified translations. The debtor may resist only on limited grounds, such as an invalid agreement, lack of notice, excess of jurisdiction or public policy. Timing depends on the court list and on whether the debtor objects or appeals. We prepare the application, anticipate objections and identify assets early so execution can follow recognition.
04What happens if the other side files a court case despite the arbitration clause?
This is common, sometimes as a delaying tactic. Where there is a valid arbitration agreement, a party can apply to stay the suit and refer the parties to arbitration, and the court should do so unless the agreement is void, inoperative or incapable of being performed. Apply promptly, before taking steps that could be treated as accepting the court's jurisdiction. Counterparties also seek injunctions to restrain an international arbitration or block encashment of a guarantee. We respond quickly with stay and objection applications and coordinate the court strategy with the arbitration, so neither process undermines the other.
05How much does international arbitration cost, and can costs be recovered?
Costs depend on the institution, the number of arbitrators, the amount in dispute, the need for experts and the length of the hearing. Institutional and arbitrator fees often track the sum in dispute or hourly rates, while legal and expert fees usually form the largest part. Tribunals generally have power to award costs, and many order the losing party to pay a reasonable share of the winner's costs. We prepare a staged budget at the outset, consider expedited procedures or a sole arbitrator for smaller claims, and discuss third-party funding where relevant, without quoting figures before reviewing the matter.
06Can we bring an international arbitration against a Bangladeshi government body or state-owned company?
Yes. Many public contracts, particularly in power, energy, infrastructure and procurement, contain arbitration clauses, and state entities can be bound by them. The real issues are usually whether the signatory had authority, whether required approvals were obtained, and whether the entity can rely on immunity at the enforcement stage, especially against assets held for public purposes. Some disputes with the state also raise investment treaty rights, which are separate from a contractual international arbitration and need their own analysis. We review the contract, the approval history and any treaty, and plan enforcement around commercial assets rather than assume voluntary payment.
07What should we do in the first weeks after a dispute arises?
Start with the contract. Read the dispute resolution clause, notice provisions and any time limits, and diary them. Preserve documents, including emails, messaging apps, site records and bank correspondence, and stop routine deletion. Avoid admissions in correspondence and keep commercial discussions separate from formal notices. If a bank guarantee, performance bond or retention is at risk, take advice immediately, because urgent court or emergency arbitrator relief may be time-critical. Identify the counterparty's assets and where they sit. These early steps decide much of what an international arbitration can later achieve, and they cost far less than repairing a missed deadline.
08Does the Commercial Courts Act 2026 change how disputes with an arbitration clause are handled?
The Commercial Courts Act 2026 creates a dedicated framework for commercial disputes in the Bangladesh courts, and its operation is still settling as courts and practitioners apply it. A valid arbitration agreement remains the primary route for disputes it covers, and the Arbitration Act 2001 continues to govern stays, interim measures, challenges and enforcement. In practice, the new courts may hear related claims that fall outside the clause, or applications connected with an arbitration, depending on how jurisdiction is allocated. We review each matter against the current rules and practice, rather than assume that older case-management patterns still apply.
From first call to resolution.
- 01
Initial clause review
We review the contract, the arbitration clause, correspondence and key records, then advise on jurisdiction, limitation, urgent steps and whether negotiation, mediation or international arbitration best serves the commercial objective you have set for the dispute.
- 02
Case building
We build the chronology, secure documents and witnesses, appoint experts where needed, and prepare the notice or request for arbitration, including any emergency relief application or supporting Bangladesh court filing that needs to be made at the same time.
- 03
Proceedings and hearing
We run the written phase, document production, witness and expert evidence and the hearing, keeping settlement options open and coordinating with foreign co-counsel, in-house teams and experts throughout the proceedings so that tactical decisions are made quickly and clearly.
- 04
Award and enforcement
After the award, we advise on challenge, payment or settlement terms, and pursue recognition and execution in Bangladesh or abroad, or resist enforcement where there are proper grounds to do so under the applicable law and the New York Convention.
“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”
The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback
Related reading.

International Commercial Arbitration in Bangladesh 2026: A Guide for Foreign and Bangladeshi Parties

Foreign Arbitral Award Enforcement in Bangladesh 2026: The New York Convention and Sections 45 to 47

Arbitration Clause Drafting in Bangladesh 2026: Sample Clauses, Templates and Requirements

SIAC Arbitration for Bangladeshi Parties 2026: SIAC Rules 2025, Fees, Interim Relief and Enforcement
All insights →
What law governs international arbitration in Bangladesh?
Is international arbitration confidential?
Does Bangladesh have its own arbitration institution?
How long does an international arbitration take?
Can Bangladesh courts grant interim relief to support arbitration?
Do we need Bangladeshi counsel if the seat is abroad?
How does contractual international arbitration differ from investment treaty arbitration?
Can a Bangladeshi company agree to arbitrate in a foreign seat?
Discuss your international arbitration strategy with our Dhaka team
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