The Arbitration Act 2001 requires an application to set aside an award to be made within sixty days from the date the applicant receives the award. The period is short, and it runs regardless of any settlement discussions. Calculating the correct start date can matter, particularly where a corrected or additional award is issued or where delivery was disputed. We recommend instructing counsel as soon as the award arrives so that the record can be reviewed, grounds identified and a petition drafted with time to spare rather than in a last-minute rush. Missing it is usually fatal.

The grounds are set out in the Act and are narrow. They include a party's incapacity, an invalid arbitration agreement, lack of proper notice of the appointment or proceedings, an award dealing with matters outside the submission, an improperly constituted tribunal or procedure, a subject matter that cannot be settled by arbitration, conflict with the public policy of Bangladesh, and an award induced by fraud or corruption. A disagreement with the tribunal's reasoning on facts or law is not enough. We assess each ground against the record before recommending a challenge, because a weak application costs time and money.

For domestic arbitrations, applications are generally heard by the District Judge with jurisdiction. For international commercial arbitrations seated in Bangladesh, an award challenge is heard by the High Court Division. Applications to enforce foreign awards are made to the District Judge's court. Forum rules can be affected by new legislation, including the Commercial Courts Act 2026, so we confirm the correct court and filing requirements before every application. Filing in the wrong forum can waste time that a party subject to a strict deadline cannot afford. We always check this carefully before filing.

A domestic award cannot be enforced while the time for a set-aside application is running or while a timely application is pending, which effectively suspends enforcement during that period. Once the application is refused, the award can be executed as a decree, subject to any further stay granted on appeal. For foreign awards, pending proceedings at the seat may lead the Bangladeshi court to adjourn enforcement in appropriate cases, sometimes on terms such as security. We plan around these rules, whether we act for the award creditor or the debtor. Timing directly affects strategy for both sides.

This has been contested. The Act's territorial scope has led to conflicting decisions over whether courts can grant interim measures in support of a foreign-seated arbitration, and the position is not fully settled. The answer may depend on the relief sought, the assets concerned and the current case law at the time of filing. We assess the most effective route in each case, which may combine a Bangladeshi court application with emergency arbitrator relief or an application to the courts of the seat. Each route has trade-offs, so we compare them carefully with you.

Bangladesh is a party to the New York Convention, and the Arbitration Act 2001 allows foreign awards to be enforced by application to the court, which executes the award as if it were a decree. You will need the authenticated original award or a certified copy, the arbitration agreement, and translations where required. The debtor may raise the limited statutory grounds for refusal, but cannot normally reopen the merits. We prepare the application, trace assets and coordinate with Singapore counsel if any award challenge is pending at the seat. Assets can move fast, so act early.

If the agreed appointment procedure fails, for example because the other party will not nominate its arbitrator within the required time, the Act allows a party to apply for the appointment to be made. For domestic arbitrations the application is generally made to the District Judge, and for international commercial arbitrations to the Chief Justice or a judge designated for that purpose. We prepare the application with the agreement, notices and proposed candidates, so that the arbitration can proceed without long delays caused by a deliberately uncooperative counterparty. We move quickly once the deadline passes.

Not always. An unsuccessful award challenge adds cost and delay, may lead to adverse costs orders and can damage a party's credibility in later enforcement proceedings. On the other hand, a well-founded challenge can protect a business from an unfair award. We give a candid assessment of prospects based on the record, explain the realistic timescale for each forum and consider settlement opportunities, so that the decision is commercial as well as legal. Sometimes negotiating payment terms gives a better result than litigation in the courts. Every option is weighed against cost and timing.