Aviation and Aerospace Disputes in Bangladesh
Aviation and aerospace dispute resolution for airlines, lessors, financiers, maintenance providers, airports, ground handlers, insurers and passengers with a Bangladesh connection: lease defaults and repossession, Montreal Convention claims, regulatory action, contract claims and international arbitration. We act for claimants and defendants alike.
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
How we resolve aviation disputes in Bangladesh
Air transport in Bangladesh has expanded quickly, with more passengers, new airport infrastructure, more foreign carriers serving Dhaka and Chattogram, and growing activity by domestic airlines, cargo operators and maintainers. Leases, maintenance contracts, concessions and insurance can each produce disputes. Our aviation practice advises airlines, aircraft lessors and financiers, maintenance providers, ground handlers, airport operators and concessionaires, travel and cargo businesses, insurers and individual passengers. We combine knowledge of the Bangladesh regulatory framework with experience of the international contracts and conventions that govern the industry, so that disputes are resolved without grounding aircraft or assets.
Aircraft leases and finance documents are usually governed by English or New York law and provide for disputes in foreign courts or arbitration, yet the aircraft, records and operator may be in Bangladesh. When a lessee defaults, lessors need to know how quickly they can terminate, recover the aircraft, deregister it and export it. Airlines, in turn, need to manage return conditions, maintenance reserve disputes and claims arising from early termination. We advise on both sides and coordinate with counsel in London, New York, Dublin, Singapore and other aviation finance centres. Local steps often decide the outcome.
Bangladesh is now a party to the Montreal Convention 1999, which governs carrier liability for death and injury, delay, and loss of or damage to baggage and cargo on international carriage, with defined liability limits and strict time limits for claims. Domestic carriage and some other claims fall under national law. We advise carriers and their insurers on defending claims, and claimants on recovery, including where the right forum is outside Bangladesh. Mass casualty incidents require coordination across several jurisdictions. Claim deadlines should be calendared from the date of the flight, because late claims can be barred.
Regulation is a frequent source of disagreement. The Civil Aviation Authority of Bangladesh licenses operators, certifies aircraft and personnel, regulates airports and air navigation, and can take enforcement action under the Civil Aviation Act 2017 and its regulations. Decisions on air operator certificates, slots, charges, safety findings or licence suspensions can have immediate commercial effects. We represent clients in regulatory proceedings and challenge unlawful decisions through review and writ petitions in the High Court Division. We also handle disputes with government counterparts over airport concessions, ground handling and cargo terminal arrangements, which often involve public procurement and contract law issues.
Our aviation disputes work sits within the firm's dispute resolution practice in Bangladesh, which The Legal 500 Asia Pacific ranks, and links with our projects and infrastructure team on airport development and concessions. Barrister Tahmidur Rahman leads finance, leasing and arbitration matters, Barrister Remura Meheruba Mahbub advises on banking, corporate and foreign investment issues, and Adv Syed Wahid leads litigation before the Bangladesh courts. We work with counsel in the UK, US, UAE, China, India and Singapore, and with technical experts when engineering, maintenance or safety evidence is central to the case. Our advice is practical and timely.
Core workstreams
Four clear stages
- 01Assess and secure
- 02Engage the parties
- 03Pursue the remedy
- 04Enforce and close
Talk to a partner
Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.
Book →What our aviation and aerospace disputes work covers
Lease and finance enforcement
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
Passenger and cargo claims
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
MRO and supply disputes
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
Regulatory and licensing challenges
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
Airport and ground services disputes
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
Insurance, employment and aerospace contracts
- Assess and secure
- Engage the parties
- Pursue the remedy
- Enforce and close
Lease and finance enforcement
We act for lessors, financiers and airlines in disputes over lease defaults, termination, repossession, deregistration and export of aircraft and engines. We advise on local court applications to protect assets, on the practical steps needed with the regulator and airport authorities, and on recovering technical records. We also handle disputes over return conditions, maintenance reserves, security deposits and redelivery compensation in Bangladesh and abroad. Early planning often avoids contested court applications altogether, saving time and money.
Passenger and cargo claims
We defend carriers, handlers and their insurers against claims for injury, death, delay, denied boarding, and lost or damaged baggage and cargo, and we act for claimants seeking recovery. Our analysis covers the Montreal Convention, the contract of carriage, air waybills, limitation of liability and time bars. We coordinate with insurers and adjusters and with counsel where claims are brought in foreign courts. Early contact with claimants can avoid costly litigation in several countries.
MRO and supply disputes
Maintenance, repair and overhaul contracts, parts supply agreements and engine shop visits generate disputes over workmanship, delay, pricing, warranties and title to parts. We act for airlines and service providers, analyse technical evidence with independent engineers, and pursue resolution through negotiation, expert determination or arbitration. We also advise on retention of title and liens over aircraft components held by repairers. Parts and records are secured promptly to protect the client's position.
Regulatory and licensing challenges
We represent airlines, operators, training organisations and individuals in proceedings before the Civil Aviation Authority of Bangladesh, including inspections, safety findings, certificate suspensions and penalties. Where a decision is unlawful, procedurally unfair or unreasonable, we pursue internal review and writ proceedings in the High Court Division. We also advise foreign carriers on permits, traffic rights and compliance with local aviation rules. Urgent applications can protect operations while a challenge proceeds through the courts.
Airport and ground services disputes
Concessions, ground handling agreements, cargo terminal operations, fuel supply and airport charges often involve state-owned counterparts and complex contracts. We advise on claims for payment, variations, termination and performance security, and on disputes arising from procurement decisions. Where the counterparty is a public body, we consider contractual, administrative and writ remedies together, and the enforceability of any arbitral award. Performance security and payment issues often need urgent attention. Contract files should include tender documents, approvals, variation orders and payment correspondence, which help show what was agreed and who authorised it.
Insurance, employment and aerospace contracts
We handle aviation insurance coverage disputes, hull and liability claims and recoveries by subrogated insurers. We also act in disputes involving pilots, engineers and cabin crew, including training bonds and termination, and in contracts for aerospace equipment, simulators, drones and related technology, including procurement by public bodies. Each matter is approached with attention to the technical evidence that usually decides it. We also review contracts to reduce future disputes and clarify risk.
Partner-led, on every matter.
Disputes & Arbitration matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.
Meet the firm →01Can a lessor repossess an aircraft operated by a Bangladeshi airline?
Yes, but it needs careful planning. The lessor's rights depend on the lease, the governing law and the security package, and practical recovery depends on cooperation from the airline, the regulator and airport authorities in Bangladesh. Where the airline resists, the lessor may need interim orders from a Bangladesh court to protect the aircraft, prevent its use and secure records. Deregistration and export require regulatory steps and clearances. We advise lessors before and after termination, prepare court applications where necessary and coordinate with foreign counsel handling the lease proceedings. Early preparation saves time and cost when default occurs.
02Does the Montreal Convention apply to flights to and from Bangladesh?
Bangladesh became a party to the Montreal Convention 1999, which entered into force for Bangladesh in early 2023. The Convention applies to international carriage between states that are parties, and to certain round trips. It sets carrier liability for death, injury, delay and baggage and cargo damage, with limits for some claims and a two-year period for bringing an action. Whether it applies depends on the ticket and routing, while domestic flights and some other claims are governed by national law. We advise carriers, insurers and passengers on which regime applies, starting with the ticket and itinerary.
03How are aviation disputes with the Civil Aviation Authority of Bangladesh resolved?
Most begin with engagement directly with the regulator: responding to findings, providing documents and seeking a review or reconsideration. Many issues are resolved at that stage, especially where safety concerns can be addressed through corrective action plans. If the authority makes a decision that is unlawful, procedurally unfair or disproportionate, the affected operator or individual can bring a writ petition before the High Court Division, sometimes with an application for interim relief. Because operating certificates and licences are critical, timing is important, and challenges must be prepared quickly with a full record. We prepare that record carefully.
04What law governs disputes over aircraft maintenance and parts?
Usually the law chosen in the contract, which in international maintenance and parts agreements is often English law or the law of the provider's home country. Many contracts include arbitration clauses or exclusive jurisdiction clauses. Where the work was done in Bangladesh or the parts are located here, Bangladesh law may still matter for issues such as liens, retention of possession and enforcement. Technical evidence about workmanship, airworthiness and records is usually decisive. We help clients assess the contract, preserve technical evidence and choose the most effective forum. Early preservation of components and records is especially important.
05Can passengers claim compensation for delayed or cancelled flights?
Under the Montreal Convention, passengers on international flights can claim damages for loss caused by delay, subject to liability limits and the carrier's defence that it took all reasonable measures to avoid the damage. Bangladesh does not have a passenger rights regime equivalent to the European Union's fixed compensation rules, although those rules may apply to some flights to or from the European Union. Airlines' conditions of carriage also set out refund and rerouting rights. We advise passengers and airlines on claims, and on complaints made through regulatory or consumer channels. Each claim depends on its facts.
06Are foreign arbitration awards in aviation disputes enforceable in Bangladesh?
Yes, in principle. Bangladesh is a party to the New York Convention, and foreign arbitral awards can be enforced under the Arbitration Act 2001, subject to limited grounds for refusal such as invalidity of the agreement, lack of proper notice, excess of jurisdiction or conflict with public policy. Enforcement against state-owned entities can raise additional issues, including immunity arguments in some contexts. Foreign court judgments are treated differently and may require a fresh suit. Lessors and suppliers should therefore consider arbitration clauses carefully when contracting with Bangladeshi counterparties. We help draft clauses that work in practice.
07How should airlines prepare for a major aviation incident?
Preparation is essential. Airlines should have an emergency response plan that covers family assistance, communications, preservation of evidence and cooperation with accident investigators, alongside legal planning for claims, insurance notifications and regulatory reporting. Insurers usually manage claims, but the airline still needs independent legal advice. Claims may be brought in several countries, depending on passengers' nationality and residence. We help airlines and insurers plan for incidents and, if one occurs, coordinate the legal response in Bangladesh and with counsel abroad. Lease and financing documents should also be checked for incident notification duties, since late notice can create default risks.
08What evidence matters most in aviation and aerospace disputes?
Technical records are often decisive: maintenance logs, airworthiness certificates, engine and component histories, flight data, crew records and regulatory correspondence. In lease disputes, delivery and return documents, inspection reports and payment records matter. For passenger and cargo claims, tickets, air waybills, baggage tags and timely written complaints are critical, because time limits are strict. We work with clients to secure this evidence early, often with independent engineers and surveyors, so it can be relied on in negotiation, arbitration or court. A preservation instruction should go to staff and contractors at once.
From first call to resolution.
- 01
Assess and secure
We review the contracts, technical records and regulatory position, identify deadlines and the governing law, and take urgent steps to protect aircraft, assets, evidence and rights in Bangladesh and abroad. Early action often preserves options that later disappear.
- 02
Engage the parties
We open discussions with counterparties, insurers and the regulator, test the commercial options and keep operational relationships intact where possible, while preparing for formal proceedings if they are needed. Clear, timely communication reduces escalation risk. Without-prejudice discussions are kept separate from open correspondence, so that settlement proposals cannot later be used against the client.
- 03
Pursue the remedy
We bring or defend claims in the Bangladesh courts, arbitration or foreign proceedings with partner counsel, seeking interim relief where assets or operations are at risk, and using technical experts on disputed issues. Costs are kept proportionate to what is at stake.
- 04
Enforce and close
We enforce awards and judgments, complete repossession, deregistration or settlement steps, and advise on contract changes that reduce the risk of similar aviation disputes in future operations and transactions. Lessons learned are shared with the client's team. Where assets are involved, we check that registrations, insurance and security documents are updated to reflect the outcome.
“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”
The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback
Who regulates aviation in Bangladesh?
What kinds of aviation disputes are most common?
How long do passengers have to bring a claim?
Can a Bangladeshi court detain a foreign aircraft?
Do aviation contracts with Bangladeshi state entities raise special issues?
Is arbitration common in aviation disputes?
Can aviation insurance disputes be resolved in Bangladesh?
How can TRW help with an aviation matter?
Aviation dispute brewing? Talk to our team
Speak with the partners about aviation in Bangladesh or across borders.
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