Bangladesh Institute of Arbitration (BIArb): Rules, Procedure and Practice in 2026

Bangladesh Institute of Arbitration: what parties need to know in 2026

The Bangladesh Institute of Arbitration (BIArb) is a Dhaka-based body that describes itself as a registered institution for dispute management, offering institutional and ad hoc arbitration, mediation and conciliation, negotiation and training in alternative dispute resolution.[1] It publishes its own 44-article BIArb Arbitration Rules, a model clause and a code of ethics for arbitrators, and it runs a membership scheme with three grades.[2] [8] For a party whose contract names BIArb, or a party deciding whether to name it, those rules decide how the case starts, who appoints the tribunal, how fast it moves and what it costs.

This guide sets out what is publicly verifiable about the institute, walks through the BIArb Rules from the notice of arbitration to the award, explains the emergency arbitrator, expedited procedure and multi-party tools, and shows how the Arbitration Act 2001 sits above every BIArb case. It also covers the model clause, unpublished fees, a comparison with BIAC and ad hoc arbitration, and how to start a case.

Summary: BIArb administers arbitration under its own BIArb Rules, with a Registrar who receives the notice of arbitration, default appointments by BIArb and its President, a 30-day period for the response, an emergency arbitrator who must rule within 14 days, an expedited procedure with a six-month award deadline, and a review of the form of every draft award. The Arbitration Act 2001 still governs the seat, court support, setting aside and enforcement, and BIArb's fee schedule is not published, so it must be obtained before filing.

Key point: The BIArb Rules do not state expressly when a properly filed notice starts the case; Article 3.3 only says that a defective notice, once cured in time, counts from the date its first version was received. Section 55 of the Arbitration Act 2001 ties limitation to the commencement date in section 27, which turns on the respondent receiving the notice, so serve the respondent at the same time as the Registrar and keep proof of delivery.

At a glance

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Table of Contents

What the Bangladesh Institute of Arbitration is

On its own website, the Bangladesh Institute of Arbitration describes itself as "a registered institution for dispute management".[1] It offers institutional and ad hoc arbitration, mediation, conciliation and negotiation, maintains a panel of arbitrators and mediators, and provides hearing space, scheduling and a registry for pleadings, documents and correspondence.[1]

The institute lists a President and a Vice-President among its office holders, and its rules give defined roles to a President and a Registrar.[1] [2] Its published contact address is M L Village (3rd Floor), 147 Shantinagar, Dhaka-1217, with the telephone number +88029564398 and the email address info@biarb.org.bd.[4]

What the website does not say

Several facts a party would ordinarily check are not published on the pages we reviewed: a founding year, a legal form, the registering authority or a registration number, caseload figures, and the names or number of panel members.[1] A party should ask for this information directly and keep the answers on file before agreeing to a BIArb clause or filing a case.

BIArb and BIAC are different institutions

The names are easily confused in drafting. BIAC, the Bangladesh International Arbitration Centre, has operated since April 2011, describes itself as a not-for-profit body licensed by the Government and as the only registered arbitration institution of the country, and is sponsored by ICC Bangladesh, the Dhaka Chamber of Commerce and Industry and the Metropolitan Chamber of Commerce and Industry.[11] Each institution's description is its own. The clause must name the intended institution and rules exactly, and a party should confirm the institution's status and capacity before relying on it. Our guide to BIAC arbitration in Bangladesh covers BIAC in detail.

Services offered by the Bangladesh Institute of Arbitration

The institute's services fall into six groups, summarised from its own pages.

The BIArb Rules: scope, notices and time limits

The BIArb Rules apply where parties refer a dispute to BIArb or agree to arbitrate under them, in the version in force on the date the notice of arbitration is submitted.[2] The page publishing them states no year or version, so keep a dated copy on the file. Mandatory law prevails over the rules, naming BIArb only as appointing authority does not by itself bring them into play, and the English version prevails over translations.[2]

Notices and the counting of time

Article 2 allows delivery by hand, post, courier, email, fax or any means that provides a record. A notice is presumed received when delivered to the addressee's residence, place of business or agreed address, and time runs from the next day, extended where the last day is a holiday. BIArb may amend any time limit, even after it has expired.[2]

Defined roles and a point to clarify

The President is defined to include any Vice-President and the Registrar. "Court" is defined as any court with jurisdiction in relation to the arbitration, yet Articles 15 and 41 use "the Court" for an institutional decision-maker, including on challenges to arbitrators.[2] The website describes no separate BIArb court, so where a challenge is likely, ask the Registrar in writing which body will decide it.

Commencement: the notice of arbitration and the response

A BIArb case begins with a notice of arbitration filed with the Registrar and sent to the respondent. Article 3.2 lists twelve items it must contain.[2]

• A request that the dispute be referred to arbitration, and the names and contact details of the parties and their representatives.
• A reference to, and copy of, the arbitration agreement, and a reference to the underlying contract with a copy where possible.
• A brief statement of the dispute, the relief claimed and an initial quantification where possible.
• Any agreements already reached on the conduct of the arbitration, or the claimant's proposals.
• A proposal on the number of arbitrators, one or three, if not agreed, and the claimant's proposal on designating the arbitrator.
• Details of any funding agreement and the identity of any third-party funder.
• Confirmation that the notice has been sent to the respondent at the same time, any comment on language, and payment of the filing fee.

If the notice is defective or the fee unpaid, BIArb may set a period for cure; if cured in time, the arbitration is deemed to have commenced when the initial version was received. Article 3.5 requires the claimant to tell BIArb when the respondent received the notice and to lodge proof.[2] Our guide to the notice of arbitration in Bangladesh covers drafting, service and templates.

Why the commencement date needs care

Section 27 of the Arbitration Act 2001 provides that, unless the parties agree otherwise, proceedings commence when a party receives a notice requiring it to refer the dispute to arbitration or to join in appointing the tribunal.[9] Section 55 applies the Limitation Act 1908 from that date.[10] The BIArb Rules may well count as contrary agreement, but there is no reason to test the point: file and serve on the same day, well inside limitation, and keep courier and email records.

The response

The respondent has 30 days from receiving the notice to file its response, setting out any jurisdiction objection, its position on the claims, any counterclaim with the counterclaim fee, its arbitrator nomination or comments on a sole arbitrator, and any funding agreement.[2] A jurisdiction plea belongs in the response or, at the latest, the statement of defence.[2]

Constituting the tribunal under the BIArb Rules

Number of arbitrators

If the parties have not agreed on one or three arbitrators within 30 days after the respondent receives the notice, BIArb decides, taking all relevant circumstances into account.[2] The Arbitration Act 2001 takes a different default: where the parties have not fixed a number, section 11 provides for three arbitrators.[9] Section 11 lets the parties determine the number, and agreeing to rules that delegate the decision is arguably such a determination, but the cleaner course is to state the number in the clause.

Sole arbitrator and three-member tribunals

For a sole arbitrator, the parties designate jointly within 30 days of the respondent's receipt of the notice, or within 15 days where the choice of a sole arbitrator is made later. For three, each side designates one, and the co-arbitrators choose the presiding arbitrator within 30 days, failing which BIArb appoints. In multi-party cases without a joint nomination within 28 days, the President appoints.[2]

Default appointment and the courts

Section 12 of the Act lets the parties agree an appointment procedure. Where an agreed procedure fails and the agreement provides no other means of securing the appointment, a party may apply to the District Judge in a domestic arbitration, or to the Chief Justice or a Supreme Court judge designated by the Chief Justice in an international commercial arbitration.[10] In a BIArb case the rules supply that other means, so default appointments ordinarily stay with the institution and outside court.

Disclosure, challenge and replacement

Every arbitrator must be independent and impartial and must disclose, before appointment and throughout, circumstances likely to give rise to justifiable doubts. A challenge must be sent within 15 days of the appointment or of learning the facts; if the other party does not agree and the arbitrator does not withdraw within 7 days, "the Court" decides, and its decision is stated to be final.[2]

The Act's default procedure allows 30 days to challenge, with an appeal to the High Court Division within 30 days of the tribunal's decision.[10] The text does not settle whether that appeal extends to an institution's decision under agreed rules, so move within the shorter BIArb period and take advice on court options at once.

Procedure, hearings and interim relief

The tribunal must treat the parties equally, avoid unnecessary delay and expense, hold a preliminary meeting and fix a timetable as soon as practicable. Statements of claim and defence are due within periods it sets.[2]

Seat, language and hearings

Absent agreement, the seat is Dhaka unless the tribunal considers another seat more appropriate. The tribunal fixes the language if the parties have not. Hearings are held on request unless the parties chose a documents-only process, and they are private, with related materials confidential.[2] That matters because the Arbitration Act 2001 itself is silent on confidentiality.[13]

Evidence, powers and early dismissal

The tribunal may admit written witness evidence and appoint its own experts. Article 28 lets it order production or preservation of documents and property and security for costs or for the amount in dispute, and Article 29 confirms its power to rule on its own jurisdiction. Under Article 30 a party may seek early dismissal of a claim or defence that is palpably without legal merit or manifestly outside jurisdiction, with a decision due within 60 days of the application.[2]

Interim relief from the tribunal and the court

The tribunal may grant interim relief and require security, and a court application before the tribunal is formed, or exceptionally afterwards, is expressly compatible with the rules.[2] For a Dhaka seat, section 7A of the Act lets the District Court, or the High Court Division in an international commercial arbitration, grant injunctions, preservation or sale of property and a receiver, before or during the proceedings and until enforcement; section 21(4) lets the court enforce a tribunal's interim order.[10] Our guide to the arbitration process in Bangladesh explains these applications.

Emergency arbitrator, expedited procedure and multi-party cases

Emergency arbitrator under Article 44

An applicant files with the Registrar, copying all parties, and pays the non-refundable fee and deposit. The President seeks to appoint an emergency arbitrator within one day. Challenges are due within two days, the emergency arbitrator sets a schedule within two days of appointment, and the order is due within 14 days of appointment, extendable in exceptional circumstances.[2]

The order binds on issue, may require security, and lapses if the tribunal is not constituted within 90 days of the order. The default seat of the emergency proceedings is Dhaka.[2] The Arbitration Act 2001 contains no provisions on emergency arbitrators,[13] and section 21(4) refers to orders of an arbitral tribunal, so where assets are at real risk, consider a section 7A application in parallel.

Expedited procedure under Article 5

A party may apply before the tribunal is constituted if the aggregate amount in dispute does not exceed a threshold that the rules say BIArb states on its website, if the parties agree, or in exceptional urgency. The case then generally goes to a sole arbitrator on documents, and the award is due within six months of constitution.[2] The fees page we reviewed did not state the threshold, so ask the Registrar for it.[4] The procedure applies even where the agreement provides otherwise.[2]

Multiple contracts, consolidation and joinder

Claims under several contracts may be combined where they share a question of law or fact, arise from the same transactions and rest on compatible agreements. Without agreement, consolidated cases join the arbitration that began first, and the parties have 14 days to agree the arbitrators before BIArb reconstitutes the tribunal.[2]

An additional party may be joined if prima facie bound by the agreement or if all parties consent; the request is due by the statement of defence and the new party answers within 15 days.[2] These powers rest on the parties' agreement, since section 28 of the Act allows consolidation only by agreement.[9]

Third-party funding disclosure

A funded party must notify all parties, the tribunal, any emergency arbitrator and BIArb that a funding agreement exists and identify the funder, in its first filing or as soon as practicable.[2] Bangladeshi law has no rules or restrictions on third-party funders, so the disclosure duty comes from the rules rather than from statute.[13]

The award, corrections and costs

After closing the proceedings, the tribunal sends a draft award to the Registrar within 45 days, and no award issues until the Registrar approves its form. Reasons are given unless waived, decisions are by majority or by the presiding arbitrator alone, and the tribunal may award simple or compound interest.[2]

Correction, additional awards and interpretation

Requests to correct errors, for an additional award or for an interpretation are due within 30 days of receiving the award; corrections follow within 30 days and additional awards or interpretations within 45.[2] Section 40 of the Act sets 14 days but allows the parties to agree other periods.[10] The Act does not say a correction request restarts the 60-day setting-aside period, so assume it does not.

Deposits, costs and immunity

Fees follow the schedule in force at commencement. Deposits are split equally, the parties are jointly and severally liable, and non-payment can lead to suspension or withdrawal of the claim. The award apportions costs and may order legal costs, and BIArb, its arbitrators and experts are immune from liability for negligence.[2]

How the Arbitration Act 2001 sits above the BIArb Rules

The BIArb Rules are a contract; the Arbitration Act 2001 is the law of the seat, and Article 1 accepts that mandatory law prevails.[2] For a Dhaka-seated BIArb case, the Act decides these matters.

• Scope: the Act applies where the place of arbitration is in Bangladesh; for a foreign seat, only sections 45 to 47 on foreign awards apply.[9]
• Court support: section 7 bars court proceedings on matters covered by the agreement except as the Act provides, section 10 requires a court to refer the parties to arbitration if asked before the written statement is filed, and section 7A supplies interim measures.[9]
• One court: under section 53, once any application under the Act is made in a court, that court alone hears every later application on the same agreement.[10]
• Setting aside: section 42 allows an application within 60 days of receiving the award, to the District Court for a domestic award or to the High Court Division for an international commercial arbitration held in Bangladesh.[10] Article 33 of the BIArb Rules records a waiver of recourse only insofar as it can validly be made, which does not displace section 42.[2]
• Enforcement: once the challenge period has expired or a challenge has been refused, section 44 lets the award be enforced under the Code of Civil Procedure as a decree of the court where it was made and signed.[10]
• Language of the Act: section 56 provides for an authentic English text but states that the Bangla Act prevails in any conflict.[10]

Our guide to enforcement of arbitral awards in Bangladesh explains execution. On reform, a 2026 practice guide reported no pending legislation, but in May 2026 the Law Minister, Md Asaduzzaman, said the Act has limitations that could be fixed easily, citing high arbitrator fees and long delays.[13] [14]

The BIArb model clause and how to improve it

BIArb's model clause refers disputes arising out of or relating to the contract, including its existence, validity, interpretation, performance, breach or termination and related non-contractual disputes, to arbitration "administered by the Bangladesh Institute of Arbitration (BIArb)" under the BIArb Arbitration Rules. It fixes Dhaka as the seat and English as the language, and leaves a blank for the governing law of the contract.[3] That is a sound base. For most commercial contracts we would add five points.

• Number of arbitrators: state one or three, so that Article 9 and section 11 of the Act never pull in different directions.
• Tiered steps: if you want negotiation or mediation first, give each step a fixed period and say that arbitration may begin when it expires, so a pre-condition does not become a jurisdiction argument.
• Law of the arbitration agreement: name it expressly, as well as the law of the contract.
• Emergency and court relief: confirm that Article 44 applies and that a party may seek section 7A relief from the court.
• Exact names: name the institution and its rules in full, in force on the date the notice of arbitration is submitted, so that BIArb is never confused with BIAC.

Our guide to drafting an arbitration clause in Bangladesh covers each of these points with sample wording.

Fees at the Bangladesh Institute of Arbitration: what to ask

BIArb's fee page says that fees are based on the value of the dispute and linked to complexity, and that detailed schedules are available, but it publishes no figures and asks parties to contact the institute directly.[4] Because the filing fee must accompany the notice of arbitration and the rules apply the schedule in force at commencement, ask for these items in writing before you file.[2]

• The current schedule of fees, with its date, including the filing fee, the counterclaim fee and the administration fee bands.
• How arbitrators' fees are fixed, any minimum or maximum, and the practice note on expenses.
• The expedited procedure threshold and its fee scale.
• The emergency arbitrator administration fee and deposit.
• Charges for hearing rooms, virtual hearings and support services, and whether VAT is added.

For comparison, BIAC publishes a BDT 20,000 registration fee (BDT 15,000 on its fast track), administrative fees on its standard scale from BDT 30,000 to a fixed BDT 2,55,000 for claims above Tk 100 crore, and 15 per cent VAT.[12] Our BIAC fee calculator estimates BIAC costs for a given claim value.

Panel, code of ethics, mediation, training and membership

Code of ethics for arbitrators

BIArb's code has seven canons covering appointment, disclosure, bias, communications, fees, conduct and confidentiality. Arbitrators must not contact parties or counsel until the Registrar notifies them that the tribunal is formed, and they accept the remuneration BIArb sets, with no side arrangements without the Registrar's express agreement.[5] The code states that it does not provide grounds to set aside an award.[5]

Mediation

BIArb runs mediations under its own Mediation Rules and a mediators' code, both said to follow International Mediation Institute guidelines; the page links to a sample clause and fee document but gives no figures.[6]

Training and membership

Courses include introductions to domestic arbitration, international arbitration and ADR, each with an assessment, and a module on the Law of Obligations, delivered in Dhaka and online; no accreditation or fees are stated.[7] Membership has three grades, MBIArb, ABIArb and FBIArb, for those who have completed BIArb training or have equivalent experience, applied for online.[8]

BIArb, BIAC or ad hoc arbitration: how to choose

The table compares the three main routes for a Dhaka-seated arbitration. The BIAC entries summarise our BIAC guide; the BIArb entries come from the BIArb Rules; and the ad hoc entries reflect the Arbitration Act 2001 alone. On a phone, scroll it sideways.

Choose BIArb where its features fit: a 14-day emergency arbitrator, early dismissal, consolidation and joinder, and review of the draft award. Choose BIAC where published fee scales and fixed procedural periods matter more. Choose ad hoc arbitration, typically under the UNCITRAL Rules, for full control, accepting that default appointments may go to court.[13] Either way, check the institution's status and fees before signing. Our arbitration practice advises on institutional choice and clause design.

Starting a case at the Bangladesh Institute of Arbitration

The sequence below reflects how we prepare a claimant's first filing under the BIArb Rules. Our checklist on what to do before commencing arbitration covers the earlier questions of jurisdiction, limitation, evidence and assets.

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Respondents should diarise the 30-day response and the 30-day window on the number of arbitrators, decide on any jurisdiction plea and consider an emergency or section 7A application of their own.

Frequently asked questions

What is the Bangladesh Institute of Arbitration?

BIArb is a Dhaka-based body that describes itself as a registered institution for dispute management, offering institutional and ad hoc arbitration, mediation, negotiation, hearing facilities, training and membership.[1]

Is BIArb the same as BIAC?

No. BIAC, the Bangladesh International Arbitration Centre, is a separate institution that has operated since April 2011 under its own BIAC Arbitration Rules 2019.[11] A clause must name the intended institution and rules exactly.

How does a BIArb arbitration start?

The claimant files a notice of arbitration with the Registrar and sends it to the respondent at the same time, with the contents listed in Article 3.2 and the filing fee. The rules do not say expressly when a properly filed notice starts the case; Article 3.3 treats a cured defective notice as starting on the date its first version was received, so confirm the position with the Registrar.[2]

How long does the respondent have to reply?

Thirty days from receiving the notice of arbitration, under Article 4 of the BIArb Rules.[2]

Does BIArb offer an emergency arbitrator?

Yes. Under Article 44 the President seeks to appoint an emergency arbitrator within one day, and the order is due within 14 days of appointment; it lapses if the tribunal is not constituted within 90 days of the order.[2]

What are BIArb's arbitration fees?

BIArb does not publish its fee schedule online. Its fee page says fees depend on the value and complexity of the dispute and asks parties to contact the institute, so obtain the current schedule in writing before filing.[4]

Where is a BIArb arbitration seated?

Where the parties agree. If they do not, the seat is Dhaka unless the tribunal considers another seat more appropriate, and the model clause itself fixes Dhaka.[2] [3]

Can a BIArb award be challenged in court?

For a Dhaka seat, yes, but only by an application under section 42 of the Arbitration Act 2001 within 60 days of receiving the award, on the limited statutory grounds.[10]

Does the Bangladesh Institute of Arbitration offer mediation?

Yes. It runs mediations under its own Mediation Rules and a mediators' code of conduct, which it says are based on International Mediation Institute guidelines.[6]

How can I become a member of BIArb?

Apply online for one of three grades, MBIArb, ABIArb or FBIArb, after completing BIArb training or showing equivalent experience and proficiency in dispute resolution.[8]