Arbitration Lawyer in Bangladesh 2026: What Counsel Do, How to Choose and What It Costs

Arbitration lawyer Bangladesh: what the role covers in 2026

Choosing an arbitration lawyer Bangladesh courts and tribunals will take seriously is one of the few decisions in a dispute that a party controls completely. The Arbitration Act 2001 lets a party be represented by the lawyer or other person it chooses, and imposes no requirement that arbitration counsel be admitted to the local Bar.[1] [3] That freedom ends at the courthouse door. Interim injunctions, stays of court proceedings, setting-aside applications and enforcement all run through Bangladeshi courts, where only enrolled advocates may appear.

This guide explains what arbitration counsel actually do at each stage of a Bangladesh-related dispute, how foreign companies should choose and structure their legal team, how to read claims about the "best" or "leading" arbitration lawyers and firms, how fees are commonly structured, and what has changed in 2026. Detailed treatment of the law itself sits in our companion guides, which are linked throughout.

Summary: An arbitration lawyer in Bangladesh drafts and tests the dispute clause, assesses the claim, commences the arbitration, helps constitute the tribunal, seeks interim protection from the tribunal or the courts, runs pleadings, evidence and hearings, and then defends, challenges or enforces the award. Any lawyer may represent a party before the tribunal, but every court step requires an advocate enrolled with the Bangladesh Bar Council, and some steps lie only in the High Court Division. The right team usually combines arbitration advocacy, Bangladeshi court practice and, for foreign-seated cases, coordination with international counsel.

Key point: Hire for the court stages, not only the hearing. A tribunal can be addressed by anyone, but a section 7A injunction, a section 10 stay, a section 42 challenge within sixty days and a section 45 enforcement case in Dhaka each need counsel who practise in the right Bangladeshi court. Ask every candidate who will sign and argue those applications.

At a glance

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Table of Contents

How Bangladeshi law shapes the role of arbitration counsel

The Arbitration Act 2001 applies where the place of arbitration is in Bangladesh, and section 3(2) extends its foreign-award provisions, sections 45 to 47, to arbitrations seated abroad.[1] Within a Bangladesh-seated arbitration, section 31 provides that, unless otherwise agreed, a party may be represented by the lawyer or other person chosen by it.[1] Practitioner guides confirm that the representative need not be a lawyer and, if a lawyer, need not be admitted to the Bangladesh Bar, in both domestic and international arbitration.[3]

The Act is equally clear that courts retain a supervisory and supportive role. Section 7 bars courts from hearing matters covered by an arbitration agreement except as the Act provides, and the Act then lists those exceptions: stays, appointments, interim measures, jurisdiction questions, challenges, enforcement and appeals.[1] Each of those exceptions is a court proceeding governed by the Code of Civil Procedure, and each requires an advocate.

Who may appear in Bangladeshi courts

Advocates are enrolled and regulated under the Bangladesh Legal Practitioners and Bar Council Order 1972. The Bar Council licenses qualified persons to practise before the subordinate courts or the Supreme Court, and enrolment in the High Court Division ordinarily follows a period of practice in the subordinate courts and further examinations.[8] For a foreign company, the practical point is simple: the person who argues the hearing in Singapore or London cannot file a section 7A application in Dhaka. A Bangladesh-qualified advocate with the right court enrolment must do it.

Domestic and international arbitration

The forum for many court steps depends on whether the case is an international commercial arbitration. Under section 2(c), that means a commercial dispute where at least one party is a foreign national or resident, a foreign-incorporated body corporate, an entity managed and controlled abroad, or a foreign government.[1] For international commercial arbitrations, interim measures and setting-aside applications go to the High Court Division, and default appointments are made by the Chief Justice or a designated judge; for other arbitrations, the District Judge's court generally has jurisdiction.[3] An arbitration lawyer Bangladesh clients instruct must identify that classification at the outset, because filing in the wrong court can cost time a party does not have.

The table below maps each stage to the forum, the key provision and the type of arbitration counsel needed. On a phone, scroll it sideways.

Arbitration lawyer Bangladesh work at each stage of a dispute

Most of the value an arbitration lawyer Bangladesh disputes need adds is front-loaded or back-loaded. The hearing matters, but disputes are frequently won or lost in the clause, the first notice, the tribunal's composition and the enforcement plan. The stages below follow the life of a typical Bangladesh-related arbitration. The procedure itself is set out step by step in our guide to the arbitration process in Bangladesh.

Before a dispute: the clause

The arbitration agreement must be in writing, whether as a clause in the contract or a separate agreement, and may be recorded in signed documents, exchanged correspondence including e-mail, or pleadings in which one party alleges the agreement and the other does not deny it.[1] Counsel's job at this stage is to fix the seat, the rules, the number of arbitrators, the language and the governing law, and to avoid the ambiguities that later generate court fights. Our guides on arbitration clause drafting in Bangladesh and arbitration agreement enforceability cover the drafting choices in detail.

When the dispute arises: assessment and notice

Early case assessment means building a chronology, securing documents and witnesses, testing the contractual notice and escalation steps, and checking limitation. Section 55 applies the Limitation Act to arbitrations as it applies to court proceedings, and an arbitration is treated as commenced on the date fixed by section 27.[1] Unless agreed otherwise, that is when the respondent receives a notice requiring it to refer the dispute to arbitration or to appoint or concur in appointing a tribunal.[1] A badly drafted notice can leave a claim time-barred.

Where the clause provides for institutional arbitration, arbitration counsel also prepare the request under the chosen rules. Before the Bangladesh International Arbitration Centre, the claimant pays a non-refundable registration fee of Tk 20,000 with the notice of arbitration, and 15 per cent VAT applies to BIAC fees.[6]

When the other side sues instead

If a counterparty files a suit in breach of the arbitration agreement, section 10 allows a party to apply, at any time before filing a written statement, for the court to refer the matter to arbitration. The court must then refer the parties and stay the suit unless it finds the agreement void, inoperative or incapable of determination by arbitration, and the arbitration may proceed while the application is pending.[1] Filing a written statement first can forfeit the right to a stay, which is why local counsel must be instructed the moment a plaint is served. Our comparison of arbitration and litigation in Bangladesh explains why the forum fight matters.

Constituting the tribunal

If the parties have not fixed the number, the tribunal consists of three arbitrators, and a person of any nationality may be appointed unless the parties agree otherwise.[1] Where the agreed procedure fails, a party that does not appoint within thirty days, or two arbitrators who cannot agree a chairman within thirty days, trigger appointment by the District Judge or, in international commercial arbitration, by the Chief Justice or a designated Supreme Court judge.[1] Choosing arbitrators is a strategic call that requires knowledge of who sits, how they run cases and whether they have conflicts. A written challenge to an arbitrator must generally be made within thirty days of learning of the grounds.[3]

Interim protection

Two routes exist: tribunal measures under section 21 and court measures under section 7A. The tribunal may order interim measures of protection, may require security, and its orders may be enforced by the court.[1] Under section 7A the High Court Division, for international commercial arbitration, or the District Judge's court, for other arbitrations, may grant injunctions, attachment-type restraints on transfer of property, receivers and other protective measures, before or during the proceedings or until enforcement.[1]

For foreign-seated arbitrations the position is narrower. Practitioner commentary records that, following Accom Travels, Bangladeshi courts do not grant section 7A measures before or during a foreign arbitration, only at the enforcement stage.[3] A foreign company relying on a Singapore or London clause should plan for emergency relief from the foreign tribunal or institution rather than assume a Dhaka injunction is available. The consequences are discussed in our guide to international commercial arbitration in Bangladesh.

Pleadings, evidence and hearings

A tribunal is not bound by the Code of Civil Procedure or the Evidence Act, and follows the procedure the parties agree or, failing agreement, decides procedural and evidential matters itself.[1] That flexibility rewards arbitration counsel who can propose an efficient timetable, manage document production, prepare witness statements and instruct experts. Under section 32 the tribunal may also appoint its own expert or legal adviser.[1]

Institutional rules add discipline. The BIAC Arbitration Rules 2019 require oral hearings to start within 30 days of the written pleadings and end within 180 days of the first hearing, require hearings to be private and confidential, and require the award within 60 days of the close of hearings unless exceptional circumstances exist.[5] Each party must notify the other party, BIAC and the tribunal in writing of the names of its representatives and the capacity in which they act, and provide proof of their authority.[5] The Arbitration Act itself contains no confidentiality rule, so confidentiality outside BIAC depends on the agreement.[4]

The award, costs and interest

Unless otherwise agreed, the tribunal fixes the costs of the arbitration and must specify who is entitled to them, who pays, the amount and the manner of payment. It may award pre-award interest, and the award carries interest at two per cent above the central bank rate unless it directs otherwise.[3] Counsel should build the costs case from day one, with time records, invoices and settlement correspondence, because legal fees are part of recoverable costs under section 38(7).[1]

Challenging or defending the award

An award made in Bangladesh can be set aside only on the grounds in section 43, on an application made within sixty days of receipt: to the District Judge for a domestic award and to the High Court Division for an international commercial arbitration held in Bangladesh.[1] [3] Parties cannot waive by agreement the right to challenge an award.[4] Decisions of the District Judge are appealable under section 48.[1] Grounds, deadlines and recent case law are analysed in our guide on how to set aside an arbitral award in Bangladesh.

Enforcement at home and abroad

Once the challenge period expires or a challenge is refused, a domestic award is enforced under the Code of Civil Procedure as if it were a decree of the court where the award was made and signed.[1] A foreign award is enforced by execution in the District Judge's court in Dhaka, on an application accompanied by the authenticated award, the arbitration agreement and evidence that it is a foreign award, with certified English translations of documents in other languages.[1]

Bangladesh acceded to the New York Convention on 6 May 1992, and it entered into force for Bangladesh on 4 August 1992.[9] One practitioner guide estimates enforcement takes around 12 to 24 months, so arbitration counsel should plan asset searches and any section 7A relief at the enforcement stage well before the award.[4] See our guides to enforcement of arbitral awards and foreign arbitral award enforcement in Bangladesh.

How foreign companies should choose arbitration counsel in Bangladesh

Foreign companies usually meet Bangladesh in one of three ways: as claimant or respondent in a Bangladesh-seated arbitration, typically against a local contractor, distributor, joint venture partner or state-owned entity; in a foreign-seated arbitration where the counterparty's assets are in Bangladesh; or in Bangladeshi court proceedings brought to sidestep the clause. Each scenario calls for a different team, but the selection questions are the same.

Decide what role you are filling

Be explicit about whether you are hiring lead arbitration counsel, an arbitration lawyer Bangladesh-qualified to support a foreign firm, or both in one team. Lead counsel owns the case theory, the written submissions and the hearing. Local counsel advises on Bangladeshi law as the governing or relevant law, files and argues every court application, manages Bangla documents and witnesses, and plans enforcement. In a Bangladesh-seated case a single Bangladeshi team can perform both roles. In a foreign-seated case the roles are usually split, and the interface between the two firms must be agreed at the start.

Test court experience as hard as arbitration experience

Ask which advocates on the team are enrolled to appear in the High Court Division, since international commercial arbitration applications for interim relief and setting aside go there.[3] Ask how the team would approach a section 10 stay, a section 7A application without notice, and a section 45 execution case in Dhaka. An arbitration lawyer Bangladesh courts know will be able to explain how these proceedings are listed and heard, what documents a bench expects, and how long each step realistically takes.

Check conflicts and independence

The Bar Council's canons provide that an advocate shall not accept employment adverse to a client or former client in a related matter, must disclose any relationship with the adverse party or interest in the subject matter before accepting instructions, and shall not represent conflicting interests.[7] Run a full conflict check against your counterparty, its group companies, its banks and, in state contracts, the relevant ministry or authority. Ask for written confirmation, and ask whether any proposed arbitrator has links to the firm.

Language, documents and sector knowledge

Many Bangladeshi commercial records, board resolutions, land documents and regulatory files are in Bangla, while most international contracts and hearings are in English. A foreign award presented for enforcement needs certified English translations of documents in any language other than English.[1] Choose a team that can read the primary record without relying on informal translations. Sector knowledge matters too: power and energy, construction, shipping, banking and garments disputes each carry their own contract forms, regulators and evidence patterns. Related guidance appears in our pages on commercial arbitration in Bangladesh and construction claims and project disputes.

Questions to ask before you instruct

• Who will lead, who will draft and who will appear in court, and how much of the work will each person do?
• What is the team's view on seat, interim relief and enforcement on our facts, and what are the main risks?
• How will the team work with our in-house lawyers, our foreign counsel and our experts?
• What will each phase cost, and what assumptions sit behind the estimate?
• How will the team report progress, budget variance and settlement opportunities?

The process below turns those questions into a selection sequence that works for most foreign companies.

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Best arbitration lawyers in Bangladesh: reading rankings and claims

Searches for the best arbitration lawyers in Bangladesh return lists, rankings and self-descriptions of every kind. Treat all of them as leads to be tested, not conclusions. Two features of the Bangladeshi market explain why.

First, professional rules restrict promotion. The Bar Council's canons state that an advocate shall not solicit professional employment by advertisement or by any other means, while permitting ordinary cards, nameplates and directory listings limited to professional qualifications and current public offices.[7] Claims of being "the best" or "number one" are not something a regulator verifies, and their absence says little about quality.

Second, directories are built from submissions and references. Chambers, for example, states that its rankings draw on firm submissions and interviews with referees nominated by firms, alongside other market sources, that it assesses legal ability, client service, the calibre of the bench, commercial awareness, diligence and cost effectiveness, and that a submission does not guarantee a ranking.[12] That is useful evidence of reputation among clients and peers. It is not an assessment of who is right for your dispute.

What "leading" should mean for your case

A leading arbitration lawyer for a Tk 5 crore distribution claim before BIAC is not the same as a leading team for a multi-jurisdiction energy dispute against a state entity. Judge candidates on verifiable criteria: the forums and rules they have actually worked under, their command of the stages described above, the seniority of the people who will do the work, their candour about weaknesses in your case, and their ability to budget. Ask for anonymised examples of comparable matters and speak to the lawyers who will run yours, not only the partner who pitches. A search for the leading arbitration lawyer Bangladesh offers should end with a meeting, not a list.

The same discipline applies to firm-level claims. A leading firm in arbitration should be able to show a coherent team, a clear division of labour between arbitration and court work, and an approach to settlement as well as to hearings. Our broader guide to arbitration law in Bangladesh gives the legal background against which to test any pitch.

Leading international arbitration firms and Bangladeshi counsel

International arbitration has its own directories. Global Arbitration Review's GAR 100, whose nineteenth edition was published in 2026, describes itself as a guide to the leading international arbitration practices worldwide and evaluates firms on reputation, volume of work and experience.[13] The world's leading international arbitration firms bring deep experience before institutions such as the ICC, SIAC and the LCIA, a bench of advocates used to large hearings, and established relationships with experts.

What they do not bring by themselves is a right of audience in Bangladesh or day-to-day knowledge of its courts. When a foreign-seated award must be enforced in Dhaka, or a Bangladeshi counterparty sues to block an arbitration, the work moves to the District Judge's court in Dhaka or the High Court Division.[1] [3] The leading international arbitration practices therefore routinely work with Bangladeshi firms, and the quality of that relationship often decides whether a paper victory becomes a recovery.

Making the international and local teams work together

Agree in writing who advises on Bangladeshi law, who reviews Bangla documents, who signs court filings and who speaks to the client on each issue. Bring Bangladeshi counsel in before the notice of arbitration, not after the award, so that limitation, interim relief, asset tracing and enforcement inform the case plan. Make sure local counsel see drafts of submissions on Bangladeshi law and on any point that could later be tested at the enforcement stage, such as notice and the composition of the tribunal.

Rule changes abroad also affect the team. The ICC's 2026 Arbitration Rules entered into force on 1 June 2026 for arbitrations commenced on or after that date, and include a requirement to disclose third-party funders, default electronic communication with the Secretariat, and express provision for hybrid and remote hearings.[14] Counsel on both sides of the relationship need to know which version of the rules applies before the first filing.

The card grid below sets out who typically does what in a Bangladesh-related arbitration.

Fee structures for arbitration counsel in Bangladesh

No statute sets fees in Bangladesh, and the arbitration lawyer Bangladesh clients choose will normally propose the structure. Where arbitration counsel are qualified Bangladeshi lawyers, the Bangladesh Bar Council Canons of Professional Conduct and Etiquette apply.[3] The canons tell advocates to avoid charges that overvalue or undervalue their services, and list factors to weigh in fixing fees, including the time and labour required, the difficulty of the questions, customary charges at the Bar, the contingency or certainty of payment, and whether the client is casual or established.[7] They also state that fees for legal services may be divided only with another advocate, based on a division of service or responsibility.[7]

Common fee models

• Hourly rates. Common for international and complex cases. Ask for rates by seniority, a phase estimate and regular reporting against it.
• Fixed or capped fees by phase. Useful for discrete stages such as a section 10 stay, a section 7A application or a setting-aside defence, where the work is predictable.
• Retainer plus appearance fees. A familiar structure in Bangladeshi court practice, where each hearing date carries a fee. Agree how adjournments are charged.
• Blended or portfolio arrangements. Suitable for companies with recurring disputes, such as lenders or distributors.

The canons do not expressly address contingency or success-based fees beyond listing the certainty of payment as a factor in fixing fees.[7] Any arrangement that links fees to outcome should be discussed openly and recorded in writing, with advice on its professional conduct implications, before it is agreed.

Funding and cost recovery

Practitioner guides report that Bangladesh has no rules or restrictions on third-party funders.[3] Funded parties should still expect disclosure obligations under institutional rules, including the ICC's 2026 Rules.[14] On the recovery side, legal fees and expenses fall within the costs a tribunal may award under section 38(7), so a winning party can seek a substantial part of its spend, subject to the tribunal's view of reasonableness and allocation.[1]

Budget beyond counsel fees

Counsel fees are only one line. Arbitrator fees, institutional charges, deposits, experts, translations, hearing costs and post-award enforcement all add to the bill. At BIAC the parties are jointly and severally liable to the tribunal and BIAC for the costs of the arbitration, so a claimant facing a non-paying respondent should budget for the full advance.[6] In May 2026 the Law Minister, Md Asaduzzaman, said arbitrator fees are so high that ordinary businesspeople avoid the system.[10] A full costs breakdown appears in our guide to the cost of arbitration in Bangladesh.

Red flags when hiring an arbitration lawyer in Bangladesh

Most poor outcomes trace back to avoidable choices at the hiring stage. The warning signs are consistent across domestic and international cases, and a foreign company can test for each of them before signing an engagement letter.

• Guaranteed outcomes. No responsible arbitration lawyer guarantees a result, a timetable before a court, or the conduct of a tribunal.
• No court plan. A team that can describe the hearing but not who will file the section 7A or section 45 application has left a gap.
• Vague staffing. If the pitching partner cannot say who will do the work and how much of it, expect delegation you did not price.
• Unexplained estimates. A single figure with no phases or assumptions cannot be managed.
• Thin conflict checks. A check limited to the named counterparty ignores its group, lenders and related state bodies.
• Silence on settlement. Section 22 allows a tribunal to encourage settlement and, with the agreement of all parties, to use mediation, conciliation or other procedures at any time.[1] Counsel should have a view on when and how to use it.

Mediation and settlement are often the most cost-effective outcome. Our guides on mediation in Bangladesh and alternative dispute resolution in Bangladesh explain how they interact with arbitration.

Arbitration lawyer Bangladesh issues to watch in 2026

Three developments shape the choice of arbitration counsel this year. First, Parliament passed the Commercial Courts Bill 2026 on 7 April 2026 as one of fourteen bills converting ordinances into Acts.[11] A counterparty that prefers litigation to arbitration now has a dedicated commercial court framework to aim for, which raises the stakes of the section 10 forum fight.

Second, reform of the Arbitration Act itself is on the political agenda. On 21 May 2026 the Law Minister said the Act has several limitations that can be fixed easily, naming high arbitrator fees and long pendency, and said the government would revisit gaps in the Commercial Courts Act.[10] As at August 2026, a leading practitioner guide reported no pending arbitration legislation, so any change remains prospective.[3]

Third, the institutional rules that govern many Bangladesh-related international cases have changed, with the ICC's 2026 Rules now applying to new cases.[14] When a dispute arises, the arbitration lawyer Bangladesh parties instruct should confirm which rules version, which court and which limitation period apply before any step is taken.

Why TRW for arbitration in Bangladesh

TRW is a full-service international law firm headquartered in Dhaka, advising on Bangladesh-related and cross-border matters. Its disputes practice covers litigation, arbitration, investigations and public law, and sits alongside corporate, finance, projects, tax and employment teams, so a dispute that touches a shareholding, a loan, a project contract or a regulator can be handled without assembling separate firms.

In arbitration, TRW's work follows the stages in this guide: mapping the arbitration agreement, seat, rules and escalation steps; early case assessment and evidence preservation; proceedings strategy, including tribunal formation, submissions, experts and costs; and settlement, award and implementation planning, including the jurisdictions in which an award may need to be enforced. The practice is structured to coordinate the Bangladesh-facing court applications that arbitration requires with any connected overseas proceedings, whether the case is seated in Dhaka or abroad.

TRW does not publish rankings, client lists or case counts as a substitute for advice on your matter. The better test is a conversation about your contract, your counterparty and your options. Explore our international arbitration practice, our alternative dispute resolution practice and our corporate and shareholder disputes practice, see our analysis of shareholder disputes in Bangladesh, or contact TRW to discuss a dispute.

Frequently asked questions

Does my arbitration lawyer have to be qualified in Bangladesh?

Not for the arbitration itself. Section 31 allows representation by the lawyer or other person a party chooses, and there is no requirement of admission to the Bangladesh Bar.[1] [3] Court applications connected with the arbitration must be made by enrolled Bangladeshi advocates.[8]

Can a foreign law firm run a BIAC arbitration?

Yes, subject to the parties' agreement. The BIAC Rules require each party to notify the other side, BIAC and the tribunal of its representatives and their capacity, and to provide proof of their authority.[5] Any related court step still needs local advocates.

Which court hears applications in an international commercial arbitration?

The High Court Division hears interim-measure and setting-aside applications in international commercial arbitrations held in Bangladesh, while foreign awards are executed by the District Judge's court in Dhaka.[1] [3]

When should I instruct Bangladeshi counsel in a foreign-seated arbitration?

Before the notice of arbitration. Bangladeshi courts generally do not grant section 7A interim relief before or during a foreign arbitration, so enforcement and asset planning must start early.[3]

What happens if the other side sues in court despite the arbitration clause?

Apply under section 10 before filing a written statement. The court must refer the parties to arbitration and stay the suit unless the agreement is void, inoperative or incapable of determination by arbitration.[1]

How are arbitration lawyers paid in Bangladesh?

No statutory scale applies. Hourly rates, phase-based fixed or capped fees and retainers with appearance fees are all used, and Bangladeshi advocates must follow the Bar Council canons on fixing and sharing fees.[7]

Can I recover my legal fees if I win?

Legal fees and expenses form part of the arbitration costs under section 38(7), and the tribunal decides who pays them and how much, unless the parties agree otherwise.[1]

Is third-party funding allowed?

Practitioner guides report no rules or restrictions on third-party funders in Bangladesh, but institutional rules such as the ICC's 2026 Rules require funders to be disclosed.[3] [14]

How much time is there to challenge an award made in Bangladesh?

Sixty days from receipt of the award, on the grounds in section 43 only.[1]

Are rankings a reliable way to choose arbitration counsel?

They are a useful starting point. Directories such as Chambers rely on firm submissions and referee interviews, and a submission does not guarantee a ranking.[12] Test the team's experience against the specific stages and forums your dispute will involve.