Commercial Litigation in Bangladesh

by Barrister Tahmidur Rahman | Sep 8, 2026

Disputes & ArbitrationBusiness disputes, argued and resolved9 min read

Commercial Litigation in Bangladesh

We conduct commercial litigation in Bangladesh for companies, banks, investors and foreign businesses: contract and money claims, injunctions and attachment, shareholder and company disputes, claims under the Commercial Courts Act 2026, appeals in the Supreme Court and enforcement of judgments in Bangladesh and abroad.

Overview

How commercial litigation works in Bangladesh

Business disputes in Bangladesh arise from unpaid invoices, broken supply and distribution agreements, failed joint ventures, construction claims, shareholder conflicts, guarantees, insurance and property transactions. When negotiation fails, commercial litigation is often the only lever left, and a well planned case in the right court can protect value and bring the other side to a realistic settlement. Our commercial litigation practice acts for claimants and defendants from the first letter before action through trial, appeal and enforcement. It forms part of our dispute resolution practice, which The Legal 500 Asia Pacific ranks for dispute resolution in Bangladesh.

The court landscape changed in 2026. The Commercial Courts Act 2026 (Act No. 23 of 2026) created a dedicated framework for commercial disputes, intended to move such cases faster and with closer case management than ordinary civil suits. Questions about which disputes qualify, how existing cases are treated and how the new procedures apply in each district are still being worked through in practice. We track these developments closely and advise clients on whether a claim belongs in a commercial court, an ordinary civil court, the Artha Rin Adalat for bank recovery, the High Court Division or arbitration.

Most commercial litigation still rests on the Code of Civil Procedure 1908, the Contract Act 1872, the Specific Relief Act 1877 and the Limitation Act 1908. Interim relief is often decisive: temporary injunctions to preserve the position, attachment before judgment where a defendant may dispose of assets, and the appointment of receivers. Courts can grant these orders quickly when a case is well prepared, but they expect clear evidence of urgency and a strong prima facie case. We prepare applications with that standard in mind, so that the first hearing gives the client real protection rather than a further adjournment.

Mediation now plays a larger role in commercial litigation. The Code of Civil Procedure already provides for court-annexed mediation, and the Legal Aid Services (Amendment) Act 2026 introduces mandatory pre-case mediation for certain disputes, rolled out by district. In a well-run strategy, mediation is not a sign of weakness; it is often the fastest route to payment. We prepare for mediation as carefully as for trial, with a clear view of the client's walk-away position, and we use the pressure of a pending case, or of an interim order already obtained, to achieve settlement terms that are actually performed.

Our litigation work is led by Adv Syed Wahid, founding partner, with Barrister Tahmidur Rahman and Barrister Remura Meheruba Mahbub on cases involving finance, investment, corporate and cross-border issues. We appear in the district courts, the High Court Division and the Appellate Division of the Supreme Court. For foreign clients we coordinate with counsel in the UK, US, UAE, China, India and Singapore on parallel proceedings, evidence abroad and enforcement. If you face a dispute or need to act urgently, please contact our Dhaka office so that deadlines and evidence are protected from the start.

01 · What we handle

Core workstreams

  • Contract and money claims
  • Urgent and interim relief
  • Company and shareholder disputes
  • Banking, guarantee and cheque cases
02 · How it runs

Four clear stages

  1. 01Assess the dispute
  2. 02Protect the position
  3. 03Run the case
  4. 04Appeal and enforce
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

Our commercial litigation work

Workstream 01Disputes & Arbitration

Contract and money claims

  • Assess the dispute
  • Protect the position
  • Run the case
  • Appeal and enforce
Workstream 02Disputes & Arbitration

Urgent and interim relief

  • Assess the dispute
  • Protect the position
  • Run the case
  • Appeal and enforce
Workstream 03Disputes & Arbitration

Company and shareholder disputes

  • Assess the dispute
  • Protect the position
  • Run the case
  • Appeal and enforce
Workstream 04Disputes & Arbitration

Banking, guarantee and cheque cases

  • Assess the dispute
  • Protect the position
  • Run the case
  • Appeal and enforce
Workstream 05Disputes & Arbitration

Writs against public bodies

  • Assess the dispute
  • Protect the position
  • Run the case
  • Appeal and enforce
Workstream 06Disputes & Arbitration

Appeals and enforcement

  • Assess the dispute
  • Protect the position
  • Run the case
  • Appeal and enforce
01

Contract and money claims

We bring and defend suits for unpaid sums, damages for breach, specific performance and declarations under commercial contracts, including supply, distribution, agency, services, technology and construction agreements. We test the contract terms, limitation position and evidence before filing, and choose between an ordinary suit, a commercial court claim, a summary procedure or arbitration, so that the route matches the value and urgency of the claim.

02

Urgent and interim relief

We obtain and resist temporary injunctions, attachment before judgment, receivers and status quo orders, often at very short notice. Interim relief can freeze assets, stop a transfer of shares or property, or prevent a call on security. We prepare applications with the evidence and undertakings courts expect, and we respond quickly when an order is made against our client without notice or on an incomplete record.

03

Company and shareholder disputes

We act in company matters before the High Court Division, including oppression and mismanagement petitions, rectification of the share register, disputes over directors and meetings, and winding up. We also handle disputes under shareholder and joint venture agreements. Coordinating corporate and litigation advice is essential, as steps taken at board or shareholder level can change the outcome of the case. Board and court strategy must align.

04

Banking, guarantee and cheque cases

We advise lenders, borrowers and guarantors on recovery suits in the Artha Rin Adalat, claims under bank guarantees and letters of credit, and cheque dishonour cases under the Negotiable Instruments Act 1881. These proceedings often run alongside other commercial litigation, so we coordinate strategy across forums to avoid inconsistent positions and to use each process to support a negotiated outcome. Parallel commercial litigation needs one plan.

05

Writs against public bodies

Commercial disputes with government agencies, regulators and state-owned companies may be challenged by writ petition under Article 102 of the Constitution in the High Court Division. We bring and defend writs concerning licences, tenders, tax and customs demands, regulatory orders and contract decisions by public bodies, and advise on stays and interim directions while the writ is heard. Writs often run alongside commercial litigation in other forums.

06

Appeals and enforcement

We handle civil appeals and revisions in the High Court Division and leave petitions and appeals in the Appellate Division. After judgment, we enforce decrees through execution proceedings, including attachment and sale of property and bank accounts. We also advise on enforcing foreign judgments and awards in Bangladesh and on enforcing Bangladeshi judgments abroad through counsel in other jurisdictions. Considering where the debtor's assets are located before judgment helps decide which enforcement route is realistic.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

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 →
01

How long does commercial litigation usually take in Bangladesh courts?

It varies widely, and no lawyer can promise a date. Ordinary civil suits in Bangladesh have historically taken years to reach final judgment, and appeals add further time. The Commercial Courts Act 2026 aims to speed up commercial cases through dedicated courts and closer case management, but its practical effect is still developing. Interim relief can be obtained much faster, sometimes within days, and many cases settle once an injunction or attachment is in place. We give an honest assessment of likely timing for each commercial litigation matter, taking account of the forum, the opponent and the evidence available.

02

What does the Commercial Courts Act 2026 change for businesses?

The Act creates a specialised framework for commercial disputes, separate from the general civil courts, with procedures designed to reduce delay. Businesses should expect greater emphasis on early disclosure of documents, case management and time limits, which rewards parties who prepare their evidence before filing. Which disputes fall within the new courts, and how transitional cases are handled, depends on the Act's definitions and on implementation in each district. We review each claim against the current rules to decide where it should be filed and how it should be prepared.

03

Can I freeze a debtor's assets before judgment in commercial litigation?

Yes, in appropriate cases. The court can order attachment before judgment where a defendant, with intent to obstruct execution of a decree, is about to dispose of or remove property from the court's jurisdiction. Temporary injunctions can also restrain transfers. The applicant must usually show a strong prima facie case, evidence of the risk and that the balance of convenience favours relief. Courts take these orders seriously and expect frank disclosure. We prepare such applications in commercial litigation quickly and with the evidence needed for the order to be granted and maintained.

04

Is mediation compulsory before filing a commercial case in Bangladesh?

For some disputes it now is. The Legal Aid Services (Amendment) Act 2026 introduces mandatory pre-case mediation for certain categories of dispute, rolled out district by district, and the Code of Civil Procedure already provides for court-annexed mediation after filing. Whether a particular claim must go to mediation first depends on its type, value and location, and on the rollout in that district. We check the position before any commercial litigation is filed, prepare for mediation properly and make sure a failed mediation does not delay urgent interim relief that the client needs. Timing is checked case by case.

05

Should we choose arbitration or commercial litigation for our contracts?

Both have advantages. Arbitration offers confidentiality, choice of decision-makers, a neutral seat and, for foreign awards, enforcement under the New York Convention. Court litigation can be cheaper for smaller claims, allows urgent orders against third parties and may suit disputes with several parties or public bodies. The Commercial Courts Act 2026 may make the courts more attractive for some disputes. The right choice depends on the counterparties, assets and likely disputes. We advise on dispute clauses at drafting stage, and our commercial arbitration team handles arbitral proceedings. Hybrid clauses are possible but need careful drafting.

06

Can a foreign company bring commercial litigation in a Bangladeshi court?

Yes. Foreign companies regularly bring and defend commercial litigation in Bangladesh. They usually act through a power of attorney given to a local representative and must provide properly attested documents, which may need notarisation and authentication abroad. Courts may require security for costs in some circumstances. Evidence from witnesses abroad can be given through commissions or, increasingly, by remote means where permitted. We guide foreign clients through these formalities and coordinate with their home counsel so that the case is ready to file without avoidable delays.

07

Can a foreign court judgment be enforced against a party in Bangladesh?

Possibly, but the route is narrow. Judgments from courts of countries declared reciprocating territories can be executed under section 44A of the Code of Civil Procedure, and few countries have that status. Other foreign judgments generally require a fresh suit in Bangladesh on the judgment, in which the court considers whether it was given by a competent court, on the merits and without breach of natural justice. Foreign arbitral awards are usually easier to enforce under the Arbitration Act 2001. We assess enforcement options before proceedings start abroad, wherever possible. Strategy should come first, before costs are incurred.

08

What can we do if the other side ignores a court decree?

A decree is enforced through execution proceedings in the court that passed it, or in a court where the debtor's assets are located. Options include attachment and sale of land, buildings, shares and movable property, attachment of bank accounts and, in some cases, arrest and detention of the judgment debtor. Execution can itself be contested, so preparation matters. We trace assets, choose the most effective method of execution and push the process forward, and we use enforcement steps to encourage payment or a structured settlement where that is commercially sensible.

How a matter runs

From first call to resolution.

  1. 01

    Assess the dispute

    We first review the contract, correspondence and evidence, check limitation and jurisdiction, assess merits and enforcement prospects, and give clear written advice on options, costs and risks of commercial litigation before any proceedings are filed.

  2. 02

    Protect the position

    We send or answer legal notices, preserve evidence, and where needed apply for injunctions, attachment or other urgent orders, so that assets and rights are protected while the dispute is resolved. Evidence in the other side's hands, or assets that can easily be moved, are the usual reasons for urgent applications.

  3. 03

    Run the case

    We prepare pleadings, documents and witness evidence, handle mediation, hearings and trial, and keep the client informed at each stage, with regular reviews of strategy, costs and settlement opportunities as the case develops.

  4. 04

    Appeal and enforce

    After judgment in commercial litigation we advise on appeals and revisions, defend appeals brought by the other side, and enforce decrees through execution against assets in Bangladesh, coordinating with foreign counsel where assets are abroad.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Do you act for claimants or defendants in commercial litigation?
We act for both, including companies, banks, investors, foreign businesses, directors and shareholders, subject to conflict checks. Acting on both sides helps us anticipate the other party's arguments and judge settlement value realistically. We never act for opposing parties in the same matter, and we explain our role, the likely steps and the fee basis in writing before work begins on the case. Our commercial litigation team is small enough to stay closely involved in every hearing. That continuity means the lawyers who know the documents are the ones who present them.
What is a legal notice, and do I need to send one before suing?
A legal notice sets out a claim and demands payment or performance before proceedings are filed. For some claims, such as cheque dishonour, a notice within a fixed time is a legal requirement. In other cases it is good practice and may support a claim for costs or interest. A badly drafted notice can weaken a case, so it should be prepared carefully and with the evidence in mind. We draft notices as the first step of a commercial litigation plan, not as a formality.
How much does commercial litigation usually cost in Bangladesh?
Costs depend on the value and complexity of the claim, the forum, the number of hearings and whether urgent applications or appeals are needed. Court fees are generally calculated on the value of the claim, subject to statutory scales. We explain our fee basis at the outset, which may be fixed fees for stages, hourly rates or a combination, and we keep clients informed as the case develops. A realistic budget is part of every commercial litigation strategy we propose to clients.
Can a commercial case be settled after it has been filed in court?
Yes, at any stage. Many commercial cases settle after an interim order, during mediation or before trial. Settlement terms can be recorded in a compromise decree, which the court can enforce if a party later defaults. We negotiate settlements that address payment schedules, security, confidentiality and withdrawal of related proceedings, so that the dispute is fully and finally closed. A settled case often recovers more, and sooner, than a judgment that must later be enforced. Settlement terms should include a realistic payment schedule and clear consequences if an instalment is missed.
What evidence should we preserve when a business dispute starts?
Keep the contract and all amendments, purchase orders, invoices, delivery records, emails, messages, meeting notes, bank records and any electronic data relevant to the dispute. Do not alter or delete documents. Identify witnesses early, especially staff who may leave. Electronic evidence should be preserved in a way that shows it has not been changed. We give clients a preservation checklist at the start of each matter. Good evidence is the foundation of successful commercial litigation in any forum.
Can company directors be personally liable in commercial disputes?
Directors are not normally liable for a company's contracts, but personal liability can arise where they give guarantees, sign cheques, act fraudulently or breach duties under company law. In cheque dishonour cases, people responsible for the company's business may be prosecuted alongside it. We advise companies and directors on exposure early, and coordinate defence across civil and criminal proceedings where both are brought. Early advice can prevent a personal claim from being added later. Check any directors and officers or professional indemnity policy and notify the insurer promptly, because late notice can affect cover.
Do you handle commercial litigation in courts outside Dhaka?
Yes. We conduct cases in courts across Bangladesh, including Chattogram, Khulna, Rajshahi, Sylhet and other districts, and appear in the Supreme Court in Dhaka for writs and appeals. Where a local presence is helpful for routine hearings, we work with trusted local counsel while keeping strategy and key hearings with our own team, so the client has one point of responsibility throughout. Commercial litigation in the regions is planned and supervised from Dhaka. Travel costs are agreed in advance.
How do we start a commercial litigation matter with TRW & Co?
Send us a short summary of the dispute, the parties, any deadlines and the key documents. We will run a conflict check, review the material and advise on next steps, urgency and costs. For urgent matters such as an asset transfer or an imminent hearing, call +880 1708 000660 directly, or email info@trw.co with the subject marked urgent so it is seen quickly. Please include the names of all parties, so that our conflict check is quick.

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