Often, yes, but not automatically. A well managed arbitration with a committed tribunal can produce an award much faster than a civil suit and its appeals. However, delays can arise from disputes over the tribunal's appointment, interim applications in court and challenges to the award. The Commercial Courts Act 2026 may also speed up some court cases. Speed depends heavily on the clause, the institution, the tribunal and the parties' conduct. We plan each commercial arbitration with a realistic timetable and take steps to limit the opportunities for tactical delay.

Both are possible. A Bangladesh seat keeps costs lower, suits disputes between local parties and makes court support close at hand. A foreign seat, such as Singapore or London, may give a foreign party more confidence in neutrality and well developed supervisory courts, though it increases costs and the award then needs recognition in Bangladesh as a foreign award. The choice should reflect the parties, the value of likely disputes and where assets are located. We advise on seat selection for commercial arbitration clauses before contracts are signed. Enforcement location matters most here.

Courts generally support arbitration agreements. Where a party files a suit in breach of an arbitration agreement, the other party may apply for the suit to be stayed and the dispute referred to arbitration, provided it acts before taking substantive steps in the suit. Courts may refuse to refer a dispute where the agreement is invalid or incapable of being performed. Questions about the tribunal's own jurisdiction are normally for the tribunal to decide first. We advise on both enforcing and resisting arbitration agreements at the outset of a commercial arbitration dispute.

A foreign award from a New York Convention state is enforced by application to the court under the Arbitration Act 2001, with the original or certified award and arbitration agreement, and translations where needed. The other party may resist only on the limited grounds the Act allows, such as invalidity of the agreement, lack of notice, excess of jurisdiction or conflict with public policy. Once enforcement is allowed, the award is executed as a decree against the debtor's assets. We prepare enforcement applications carefully, because procedural gaps are a common source of delay.

An award made in Bangladesh can be set aside only on the grounds listed in the Arbitration Act 2001. These include incapacity of a party, invalidity of the arbitration agreement, lack of proper notice or inability to present the case, decisions beyond the scope of the submission, irregular composition of the tribunal or procedure, non-arbitrability, and conflict with the public policy of Bangladesh, including fraud or corruption. Courts do not rehear the merits. The application must be made within the time allowed by the Act, so prompt advice after an award is critical.

Yes. The tribunal can order interim measures in relation to the subject matter of the dispute, unless the parties agreed otherwise, and Bangladeshi courts can grant interim measures in support of arbitration, including before the tribunal is formed. Typical orders preserve assets, maintain the status quo or protect evidence. Court orders are often more effective against third parties such as banks. The applicant must show a strong case and urgency. We advise on which forum to approach first and coordinate applications so that interim relief strengthens rather than complicates the commercial arbitration.

Costs include tribunal fees, institutional fees where a centre administers the case, counsel fees, expert fees, hearing venues and translation. Institutional fees are usually based on the amount in dispute and published schedules. A Bangladesh seated case is generally less expensive than an arbitration abroad with international counsel, but complexity matters more than location. Tribunals can order the losing party to pay costs. We give clients a budget for the main stages of each commercial arbitration and update it as the case develops, so that costs remain proportionate to the claim. Security for costs may also arise.

Yes, where the contract contains an arbitration agreement, and many public procurement and project contracts do. Arbitration with public bodies raises additional points, such as internal approvals for settlement, rules on payment from public funds, the treatment of immunity and the need for court involvement in enforcement. Some regulatory matters cannot be arbitrated at all. We advise contractors, investors and public bodies on these issues at clause drafting stage and during proceedings, and link with our commercial litigation team where writ or court proceedings arise. Payment and approval terms deserve special attention in any settlement with a public body.