BIAC Arbitration in Bangladesh 2026: Rules, Procedure and Strategy

BIAC arbitration Bangladesh: how the centre works in 2026

BIAC arbitration Bangladesh businesses choose is usually written into a contract years before anyone expects a dispute. When the dispute arrives, the clause decides almost everything: which rules apply, who appoints the tribunal, how quickly the case must move, what it will cost and which court supervises the result. The Bangladesh International Arbitration Centre is the country's only registered arbitration institution, and its 2019 Arbitration Rules and Mediation Rules now sit at the centre of a commercial justice system that the government has been reforming throughout 2026.[5]

This guide brings together everything a claimant, respondent or contract drafter needs to know. It explains what BIAC is and how it is governed, walks through the BIAC Arbitration Rules 2019 from the Request for Arbitration to the award, sets out the published fee scales and the fast track procedure, describes the panel of arbitrators and BIAC's mediation service, and explains how the Arbitration Act 2001 and the courts support, and sometimes override, the institutional rules. It closes with the strategic choices that most often decide whether a BIAC case runs well.

Summary: BIAC administers arbitration and mediation in Dhaka under its 2019 rules. A BIAC case starts when the centre receives the Request for Arbitration and the registration fee, proceeds before a sole arbitrator unless the parties agree otherwise, and runs on fixed periods with an outer limit of 388 days, or about three months on the fast track for disputes up to Tk 50 million. Fees follow published scales, and the Arbitration Act 2001 governs court support, challenges and enforcement.

Key point: The Arbitration Act 2001 defaults to a three-member tribunal, but the BIAC Rules default to a sole arbitrator appointed by the BIAC Arbitration Committee. A clause that simply says "BIAC arbitration" therefore produces one arbitrator unless the parties agree otherwise or the Committee decides three are more appropriate.

At a glance

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Table of Contents

What BIAC is and how it is governed

The Bangladesh International Arbitration Centre describes itself as the only registered arbitration institution in the country. It is registered as a not-for-profit organisation, began operating in April 2011 under a licence from the Government of Bangladesh, and is sponsored by the International Chamber of Commerce Bangladesh, the Dhaka Chamber of Commerce and Industry and the Metropolitan Chamber of Commerce and Industry.[5] It offers arbitration, mediation, training and membership, and states that its services are open to individuals, companies and government entities in domestic and international disputes.[7]

BIAC administers; it does not decide. It receives filings, appoints arbitrators where the parties cannot, decides challenges, holds deposits and releases the award. The merits belong to the tribunal, and supervision of the tribunal belongs to the courts under the Arbitration Act 2001.

Governance: the Board, the Arbitration Committee and the Secretary General

Three bodies matter in practice. The BIAC Board approves the Panel of Arbitrators and the criteria for the Directory of Arbitrators. The BIAC Arbitration Committee makes default appointments and decides challenges. The Secretary General, defined in the Rules as BIAC's chief executive officer, is the channel for every notice and communication to the centre.[1] In 2026 the chairman is Mahbubur Rahman and the chief executive officer is KAM Majedur Rahman.[12] Decisions of the Arbitration Committee on appointments and challenges are stated to be final and binding on the parties.[1]

Why BIAC matters in 2026

BIAC marked its fifteenth anniversary at the inaugural Bangladesh ADR Summit in August 2026, where it reported memoranda of understanding with 12 Chinese arbitration organisations and partnerships with bodies across South and South-East Asia and beyond.[12] Three months earlier, at a BIAC seminar on commercial justice supported by UNDP, the Law Minister, Md Asaduzzaman, said the Arbitration Act 2001 has limitations that can be fixed easily, pointing to arbitrator fees high enough to deter ordinary businesses and to cases left pending so long that quick resolution is defeated.[11] The same seminar discussed the Commercial Courts Act passed in April 2026, which the Minister said the government wants to re-examine.[11]

Policy is therefore moving two ways at once: a faster court alternative for domestic claims, and a stated intention to make arbitration cheaper and quicker. Our comparison of arbitration and litigation in Bangladesh sets out how the new commercial courts change that choice.

The BIAC Arbitration Rules 2019: scope and structure

The BIAC Arbitration Rules 2019 superseded the 2011 rules and are expressed to provide for the settlement of business disputes by arbitration.[1] They apply where the parties have agreed in writing that BIAC will administer the arbitration under them, and the version in force on the date the Request for Arbitration is filed governs unless the parties agree otherwise. Where a rule conflicts with a provision of the applicable law from which the parties cannot derogate, the law prevails.[1] BIAC interprets its own rules and reserves the right to amend them without notice, so the current text should always be checked before filing.

Commercial and international commercial arbitration

A single set of 2019 Rules covers both domestic and international business disputes. The Rules borrow the Arbitration Act's definition of international commercial arbitration, which turns on the parties rather than the transaction. An arbitration is international where at least one party is a foreign national or habitual resident, a body corporate incorporated abroad, an entity whose central management and control is exercised abroad, or a foreign government.[1] [9] The label matters because it decides which court supervises the case: the High Court Division for international commercial arbitration, and the District Judge for everything else.[9]

Arbitration clause and agreement requirements

BIAC will not administer a case without an agreement. Its guidance is explicit that a party cannot commence arbitration at BIAC unless the contract contains an arbitration clause or the parties have made a post-dispute agreement to refer the dispute to BIAC or to arbitration under the BIAC Rules.[7] The model clause refers all disputes to final settlement under the BIAC Rules and, unless otherwise agreed, applies the laws of Bangladesh with Dhaka as the seat.[1] Our guide to drafting an arbitration clause in Bangladesh explains how to improve on the model wording.

How to file a BIAC arbitration

Filing is the first point at which BIAC arbitration Bangladesh practice differs from ad hoc arbitration under the Act. In an ad hoc case the claimant serves a notice on the respondent. Under the BIAC Rules the claimant files a Request for Arbitration with BIAC and the respondent, and the proceedings are deemed to commence on the date BIAC receives it. The Secretary General then notifies the respondent.[1] Commencement at receipt matters for limitation, so deliver the filing in a way that produces a dated record.

Contents of the Request for Arbitration

Rule 3 lists what the Request must include: a request that the dispute be referred to arbitration; names and contact details of the parties and their representatives; a reference to the contract and to the arbitration agreement relied on; a brief statement of the claim, the relief and, where possible, the amount; the preferred number of arbitrators if the agreement is silent; comments on the place, the governing law and the language; a nomination or proposal for the arbitrator, or a request that BIAC appoint; a request that the respondent nominate or accept BIAC as appointing authority; and payment of the registration fee.[1]

Pre-assessment and the registration fee

BIAC charges an assessment fee of BDT 5,000 where a party submits documents for assessment, and the respondent may visit BIAC for a pre-assessment while preparing its response.[1] [2] The claimant's registration fee under the standard schedule is BDT 20,000. It is non-refundable, and BIAC will not proceed without it.[2]

The Response and any counterclaim

The respondent has 30 days from receiving the Request from BIAC, or any other period BIAC specifies, to send a Response to BIAC and the claimant. The Response contains a brief answer, any counterclaim with the relief and amount, the respondent's arbitrator nomination or position on a sole arbitrator, and the registration fee for any counterclaim. If the respondent does not respond, BIAC proceeds under the Rules. The claimant must reply to any counterclaim within 30 days of receiving it.[1]

Constituting the tribunal and the BIAC panel

Number of arbitrators

Where the agreement is silent and the parties cannot agree, Rule 6 provides for a sole arbitrator appointed by the Arbitration Committee, unless the Committee considers a three-member tribunal more appropriate.[1] This differs from section 11 of the Arbitration Act 2001, which provides for three arbitrators where the parties have not determined the number.[9] Because section 11 leaves the number to the parties, choosing the BIAC Rules is itself a choice, but the safest course is to state the number expressly in the clause.

Appointment procedure

For a three-member tribunal, each side nominates one arbitrator and the two nominees appoint the presiding arbitrator. The Arbitration Committee appoints if a party fails to nominate within 30 days of a request, or if the nominees fail to agree on the chair within 30 days of their appointment. For a sole arbitrator, the Committee appoints if the parties fail to agree within 30 days of a request.[1] In a default appointment the Committee sends the parties a list of at least three candidates from the Panel or Directory, each party has 10 days to strike names, and the Committee appoints from those remaining.[1]

Speed of appointment is a real advantage of BIAC arbitration Bangladesh parties often overlook. At a 2024 roundtable, a BIAC-affiliated speaker put court appointment under the Act at six months to a year, against about three days at BIAC; that is a practitioner's estimate, not a published statistic.[13]

Multi-party cases

Where there are more than two parties and three arbitrators, the claimants jointly nominate one and the respondents jointly nominate another. If joint nominations are not made within 28 days of filing, the Committee or BIAC appoints all three and designates the chair. For a sole arbitrator in a multi-party case, all parties must agree within 30 days of filing, failing which BIAC appoints.[1] In joint ventures and consortia, a failure to coordinate can cost a side its nominee.

The Panel and Directory of Arbitrators

BIAC keeps two lists: a Panel of Arbitrators approved by the Board, and a Directory of Arbitrators who meet criteria the Board has approved.[1] The published panel includes former judges of the Supreme Court of Bangladesh, senior advocates and international arbitrators such as Dr Gavan Griffith KC and Datuk Professor Sundra Rajoo.[6] Parties are not confined to the lists. A person of any nationality may be appointed unless the parties agree otherwise, and an arbitrator chosen from outside the Panel or Directory must agree in writing to observe the Rules and the BIAC Arbitrators' Code of Conduct.[1]

Independence, disclosure and the Code of Conduct

Every arbitrator must declare in writing, before appointment, independence, impartiality, availability and qualifications, and the duty to disclose continues throughout.[1] The Code of Conduct requires arbitrators to adopt the BIAC fee annexure and prohibits fee agreements contingent on the result, and a breach can lead to removal from the Panel or Directory.[1]

Challenging an arbitrator

A challenge lies only for justifiable doubts as to independence or impartiality, or for lack of agreed qualifications, and a party may challenge its own nominee only on grounds learned after the appointment. Written notice must go to BIAC, the tribunal, the arbitrator and the parties within 14 days of notification of the appointment or of learning the ground. If, within 7 days, the other party does not agree and the arbitrator does not withdraw, the Arbitration Committee decides.[1]

Procedure from pleadings to hearing

The preliminary conference

The tribunal must hold a preliminary conference, in person or by teleconference, no later than 21 days after it is constituted. The conference settles the provisional timetable, information exchange, hearing length and venue, deadlines for witness statements and expert reports, and the hearing dates.[1] It is also the deadline for requesting expedited treatment.

Pleading timetable

Rule 12 fixes the sequence. The claimant files its statement of claim within 30 days of constitution; the respondent files its defence and any counterclaim within 30 days of receiving the claim; the claimant files its rejoinder and defence to counterclaim within 14 days; and the respondent replies on the counterclaim within a further 14 days. Every statement must attach the supporting documents relied on and be verified by the party and its counsel.[1] The tribunal may extend these periods, but must keep in view that the arbitration is to conclude within 388 days, or three months on the fast track.[1]

Hearings, evidence and witnesses

Oral hearings must start within 30 days after both sides' written pleadings and conclude within 180 days of the first hearing, and a party seeking an extension must pay a further registration fee.[1] [2] Hearings are private and confidential, parties receive at least five working days' notice, and witness names and topics must be given at least 15 days before the hearing. The tribunal decides admissibility, relevance and weight and is not bound by the formal rules of evidence applied in court; witness statements or affidavits may stand as evidence-in-chief.[1] BIAC also supports remote proceedings by video conference and electronic filing.[7]

Experts, seat, language and representation

The tribunal may appoint its own experts, paid from the deposits. The seat is Dhaka unless agreed otherwise, hearings may be held elsewhere without moving the seat, and English applies where the agreement is silent. Each party must prove its representatives' authority and its own authority to file.[1]

Jurisdiction and interim measures

The tribunal may rule on its own jurisdiction, and the arbitration clause is treated as independent of the main contract. A jurisdictional objection must be raised no later than the statement of defence.[1] On request, the tribunal may order interim measures over the subject matter, require security and draw adverse inferences from non-compliance, without prejudice to a party's right to seek interim relief from a court.[1] Under section 21 of the Act, a tribunal's interim order may be enforced by the court on application.[9]

Confidentiality

The Arbitration Act 2001 is silent on confidentiality.[10] Rule 30 fills the gap: the parties and the tribunal must treat all matters relating to the proceedings and the award as confidential, including the existence of the arbitration, subject to exceptions for enforcement or challenge, court orders, legal rights, legal and regulatory requirements and tribunal orders. The tribunal may sanction a breach with costs or other orders.[1]

The award, corrections and costs

Unless exceptional circumstances exist, the tribunal must render the award within 60 days of concluding the oral hearings. A three-member tribunal decides by majority, and if there is no majority the presiding arbitrator decides alone. The award must be written, signed and reasoned unless the parties agree otherwise or it records a settlement, and the tribunal may award simple or compound interest at the rate and for the period it thinks fit.[1]

The tribunal deposits the original award and the record with BIAC, which transmits certified copies only once the costs of arbitration have been paid in full. BIAC and the tribunal also hold a lien over the award to secure unpaid costs.[1] [2] Within 14 days of receiving the award, a party may ask for correction of clerical or computational errors, interpretation of a specific point or an additional award on claims omitted, and the tribunal acts within 14 days.[1]

Deposits and default

On constitution the tribunal directs each party to deposit an equal advance on costs with BIAC, and supplementary deposits may follow. If deposits are not made within 14 days, the tribunal reminds the parties; if they are still unpaid 7 days later, the proceedings continue ex parte against the defaulting party, the other party pays the shortfall and the award orders reimbursement.[1] In BIAC arbitration Bangladesh respondents who refuse to fund the case do not stop it, but the claimant must carry both shares.

Allocation of costs

The tribunal fixes the costs in the award and apportions them as it thinks fit. Costs expressly include legal fees and expenses as well as arbitrators' fees and BIAC's charges, so a well-documented costs submission is part of winning the case.[1]

BIAC fees: registration, administrative and arbitrator fees

BIAC publishes two fee schedules: Annex 1 for standard arbitrations and Annex 2 for the fast track. Both state that all amounts are in Bangladesh Taka, that 15 per cent VAT applies under government rules and that the amounts may change at any time without notice, so the live schedule should be confirmed before budgeting a BIAC arbitration Bangladesh claimants intend to file.[2] For a wider view of what arbitration costs, including counsel and expert fees, see our guide to the cost of arbitration in Bangladesh.

Standard schedule (Annex 1)

• Assessment fee: BDT 5,000 where documents are submitted for assessment.
• Registration fee: BDT 20,000 for the claimant, the same for a respondent filing a counterclaim, and again on any request for extension under Rule 13(4); non-refundable.
• Administrative fee: BDT 30,000 for disputes up to Tk 5 million, rising by percentage bands to a fixed BDT 255,000 for disputes above Tk 1,000 million.
• Arbitrator's fee: a minimum and maximum for each band, applicable only where both parties agree to the scale; for disputes up to Tk 5 million the range is BDT 100,000 to BDT 500,000.

All four elements are drawn from BIAC's published Annex 1.[2] To illustrate, on the published bands a dispute of Tk 20 million attracts an administrative fee of BDT 50,000 and an arbitrator's fee in the range of BDT 350,000 to BDT 1,000,000, before VAT and expenses. The figures are our arithmetic from the scale, not a quotation from BIAC.

How the amount in dispute is calculated

Claims and counterclaims are added together, and set-off defences are usually included too. Interest claims are left out unless they exceed the principal, in which case the interest alone is used. Claims in foreign currency are converted at the mean of Bangladesh Bank's buying and selling rates, and where the claim is unquantified the Secretary General fixes the fees. BIAC may exceed the scale in exceptional circumstances, including where the parties run the case in a way the tribunal did not reasonably contemplate.[2]

Expenses, guarantees and liability

Expenses such as experts, travel, hearing rooms and interpreters are invoiced separately. Each party pays its share of the advance in cash, but a party whose share exceeds BDT 500,000 may post a bank guarantee for the excess. The parties are jointly and severally liable to the tribunal and BIAC for the costs, and BIAC may allow instalments.[2]

Services for ad hoc arbitrations

BIAC also supports non-institutional arbitrations. It offers delivery of notices, safe-keeping of documents, calendar management, tribunal assistance and certification of awards for a total charge of Tk 5,000 for the duration of the arbitration, and a separate fund-holding service at Tk 5,000 a year. It can also facilitate entry visas for foreign participants.[8]

Fast track arbitration under Rule 28

Rule 28 is the most useful and most under-used feature of the BIAC Rules. Where the amount in dispute, counting claim, counterclaim and defence, does not exceed Tk 50 million or its equivalent, any party may ask BIAC in writing, before the preliminary conference, to treat the case as a fast track arbitration. BIAC decides and notifies the tribunal and the parties before the conference.[1]

If BIAC agrees, it shortens the Rules' time limits so that the award is made within three months of the tribunal's constitution, unless the tribunal extends time in exceptional circumstances. The preliminary conference must be held within 10 days of constitution and fixes every procedural detail, and if the parties cannot agree or a party fails to comply, the sole arbitrator or presiding arbitrator decides.[1]

Fast track fees (Annex 2)

The fast track schedule is lighter. The claimant's registration fee is BDT 15,000, with the same fee for a counterclaim or extension. The administrative fee starts at BDT 10,000 for disputes from Tk 100,000 to Tk 1 million, and the arbitrator's fee for disputes up to Tk 1 million runs from BDT 50,000 to BDT 100,000, again only where both parties accept the scale. Annex 1's other provisions apply to the fast track with necessary modifications.[2]

When to ask for the fast track

The expedited route suits debt, supply and distribution claims and other document-based disputes, and suits poorly a case with heavy witness or expert evidence. Because the request must precede the preliminary conference, decide at filing. In any BIAC arbitration Bangladesh lenders and suppliers bring against local debtors, it is often the right default.

BIAC mediation services

Alongside BIAC arbitration Bangladesh parties can use the centre for mediation under the BIAC Mediation Rules 2019, which superseded the 2014 rules and describe mediation as a confidential, consensual, non-adversarial and private process in which a neutral facilitates a negotiated settlement.[3] The Rules apply where the contract provides for BIAC mediation, where one party asks BIAC to invite the other and the other agrees in writing within 14 days, or where a court directs the parties to mediate under the BIAC Rules or at BIAC.[3]

How a BIAC mediation runs

The initiating party files a Request for Mediation with the registration fee, and the responding party replies within 14 days, accepting or proposing a mediator. If the parties cannot agree, BIAC's chief executive sends a list of three names from the Panel of Mediators, each party has 7 days to strike names, and BIAC appoints. The mediation begins when the parties and the mediator sign a mediation agreement, and the appointment cannot run beyond 60 days without the parties' written consent and BIAC's approval.[3]

Settlement, confidentiality and the mediator's role

A settlement agreement signed by the parties is authenticated by BIAC, and in court-referred mediation the authenticated agreement, or a certificate of non-settlement, is submitted to the court.[3] Offers, admissions and exchanges in the mediation cannot be relied on in later arbitration or litigation, and before the mediation begins the parties undertake that the mediator will not later act as arbitrator, counsel or witness in proceedings on the same contract.[3] Each party designates a representative with full authority to settle.

Mediation fees

The mediation registration fee is BDT 20,000, payable on filing, and the mediator's fee ranges from BDT 5,000 to BDT 50,000 an hour as agreed among the parties, the mediator and BIAC, plus VAT.[4] Each party bears its own costs, and the mediator's fees and BIAC's charges are shared equally unless otherwise agreed.[3]

Med-Arb

BIAC's model Med-Arb clause sends a dispute first to mediation and, if no settlement is reached within 60 days after the mediator's appointment, requires referral to BIAC arbitration within a further 60 days.[3] In 2024 Bangladesh Bank's BRPD Circular No 11 was reported as advising banks to use alternative dispute resolution with BIAC's help to recover bad debts, and banks agreed a pilot of mediated cases.[13] Our wider guide to mediation in Bangladesh covers the statutory schemes that sit alongside BIAC.

Courts, the Arbitration Act 2001 and BIAC awards

Institutional rules operate inside the statute. In every BIAC arbitration Bangladesh courts retain the powers the Arbitration Act 2001 gives them, and those powers cannot be contracted out of.

Stay of court proceedings

If a party sues in breach of a BIAC clause, the other party may apply, before filing a written statement, for the matter to be referred to arbitration, and the court must refer the parties and stay the suit unless the agreement is void, inoperative or incapable of determination by arbitration. The arbitration may proceed while that application is pending.[9]

Interim relief from the court

Section 7A allows the court, or the High Court Division in an international commercial arbitration, to grant interim measures before or during the proceedings or until enforcement, including protective custody of goods, injunctions against transfer of property, ad interim injunctions and receivers.[9] The High Court Division has held that this relief is not available before or during a foreign-seated arbitration, which is one reason to think carefully before moving the seat away from Dhaka.[10]

Setting aside and enforcement

An application to set aside an award must be made within sixty days of receipt, to the District Judge for a domestic award or to the High Court Division for an international commercial arbitration held in Bangladesh, on the limited grounds in section 43. The court may order the award sum deposited or secured pending the application. Once the period expires or the challenge fails, the award is enforced under the Code of Civil Procedure as if it were a decree.[9] Our guides to how to set aside an arbitral award and to enforcement of arbitral awards in Bangladesh explain each stage.

Enforcing BIAC awards abroad

Because Bangladesh is party to the New York Convention, BIAC points out that its awards can be enforced in other Convention states, subject to the conditions of the Convention and local law.[7] For a foreign counterparty with assets outside Bangladesh, a Dhaka-seated BIAC award is therefore not confined to Bangladeshi courts. See our analysis of international commercial arbitration in Bangladesh.

BIAC arbitration Bangladesh process step by step

The sequence below reflects how we run BIAC arbitration Bangladesh cases for claimants, and the mirror image of each step applies to respondents.

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Throughout, calendar every deadline the moment the triggering notice arrives, and keep the deposit account funded.

BIAC compared with ad hoc and foreign institutional arbitration

Parties are free to choose BIAC, a foreign institution or ad hoc arbitration, whether the seat is in Bangladesh or abroad, and the ICC, ICSID and SIAC are commonly chosen by Bangladeshi parties.[10] The table below compares the main options. On a phone, scroll it sideways.

Where the counterparty's assets are abroad and the value is high, a foreign institution may be justified. Where the assets are in Bangladesh, a Dhaka-seated BIAC clause usually offers the best balance of cost, speed and court support. Our international arbitration practice advises on both.

Strategy tips for BIAC arbitration Bangladesh disputes

At the drafting stage

• Fix the tribunal size: state one or three arbitrators so the conflict between section 11 and Rule 6 never arises.
• Name the rules correctly: refer to the BIAC Arbitration Rules as in force when the Request is filed, and to BIAC as administering institution.
• Add a mediation window: the Med-Arb model gives a short, cheap chance to settle without losing the binding award.
• Agree the fee scale: the arbitrator scale applies only if both parties accept it, so agreeing it in the clause gives cost certainty.
• Address confidentiality and disclosure: Rule 30 helps, but an express clause binds the parties directly and can cover group companies and regulators.

When a dispute arises

• Check limitation first: the case commences on BIAC's receipt of the Request, so file early enough to stop time.
• Decide on expedition at filing: the request must reach BIAC before the preliminary conference.
• Nominate carefully: a party-nominated arbitrator can be challenged only on grounds learned later, so vet conflicts and availability before nominating.
• Protect assets early: combine a Rule 22 application to the tribunal with section 7A relief from the court where there is a risk of dissipation.
• Budget for both deposits: if the respondent defaults, the claimant must fund the full advance to keep the case moving.
• Prepare the record for court: assume any award will be challenged and keep procedural objections, waivers and orders documented.

Mistakes to avoid

The errors we see most often are avoidable: a clause naming a non-existent body or rules, a respondent who files a written statement in court before seeking a stay, a claimant who misses the Rule 28 window, a party who raises a jurisdiction objection after its defence, and an award creditor who waits too long to secure assets. Each of these turns a manageable BIAC case into satellite litigation. Our alternative dispute resolution practice and construction and project disputes practice handle BIAC matters from clause to enforcement.

What to watch in 2026 and beyond

Three developments will shape practice over the coming year. First, the Law Minister's stated intention to fix the limitations of the Arbitration Act 2001, including fees and delay, could change the statutory backdrop to every BIAC case.[11] Second, the government's planned re-examination of the Commercial Courts Act will decide how attractive litigation becomes for domestic commercial claims.[11] Third, BIAC's growing network of foreign partner institutions points to more cross-border cooperation in case administration and training.[12]

The decisions that matter most in BIAC arbitration Bangladesh disputes are made early: the clause, the tribunal, the timetable and the protective steps. If you are drafting a BIAC clause or facing a BIAC claim, contact TRW for a clear view of your position.

Frequently asked questions

What is the Bangladesh International Arbitration Centre?

BIAC is a not-for-profit arbitration and mediation institution in Dhaka that began operating in April 2011 under a government licence and is sponsored by ICC Bangladesh, DCCI and MCCI. It describes itself as the only registered arbitration institution in the country.[5]

Which rules govern a BIAC arbitration?

The BIAC Arbitration Rules 2019, which replaced the 2011 rules. The version in force when the Request for Arbitration is filed applies unless the parties agree otherwise, and mandatory provisions of the Arbitration Act 2001 prevail over the Rules.[1]

How do I start a BIAC arbitration?

File a Request for Arbitration with BIAC and the respondent, with the contents listed in Rule 3 and the registration fee. The arbitration commences on the date BIAC receives the Request.[1] [2]

Can I use BIAC without an arbitration clause?

Not for arbitration. BIAC needs a clause in the contract or a post-dispute agreement referring the dispute to BIAC or to the BIAC Rules. For mediation, BIAC can invite the other party to agree in writing.[3] [7]

How many arbitrators will hear a BIAC case?

Whatever number the parties agreed. If they agreed nothing, the BIAC Rules provide for a sole arbitrator appointed by the Arbitration Committee, unless it considers three more appropriate, while the Act's default is three.[1] [9]

How long does a BIAC arbitration take?

The Rules require the arbitration to conclude within 388 days, with hearings completed within 180 days of the first hearing and the award due within 60 days after the hearings close. A fast track award is due within three months of constitution.[1]

What are BIAC's arbitration fees?

Under the standard schedule, a BDT 20,000 registration fee, an administrative fee from BDT 30,000 scaled to the amount in dispute, and an arbitrator's fee within a published range if both parties accept the scale, plus 15 per cent VAT and expenses. BIAC may change the amounts without notice.[2]

Who qualifies for BIAC fast track arbitration?

Any party to a dispute whose claim, counterclaim and defence together do not exceed Tk 50 million may ask BIAC in writing, before the preliminary conference, to treat the case as fast track. BIAC decides.[1]

Is a BIAC mediated settlement binding?

A settlement agreement signed by the parties and authenticated by BIAC is a binding contract, and in court-referred mediation it is submitted to the court. Parties wanting an enforceable award can use Med-Arb or ask a tribunal to record the settlement as an award.[1] [3]

Can a BIAC award be challenged or enforced abroad?

A Dhaka-seated award can be challenged within sixty days of receipt on the limited grounds in the Arbitration Act 2001, and is otherwise enforced as a decree. Because Bangladesh is a New York Convention state, the award can also be enforced in other Convention countries.[7] [9]