Cross-Border Electricity Interconnectors, Power Trading & Grid Access in Bangladesh

by Barrister Tahmidur Rahman | Sep 20, 2026

Projects & Real EstateElectricity across borders, contracts that hold8 min read

Cross-Border Electricity Interconnectors, Power Trading & Grid Access in Bangladesh

We advise developers, utilities, traders, investors and lenders on cross-border power trading and interconnectors involving Bangladesh, from power purchase and transmission agreements to regulatory approvals, grid access, tariffs, payment security, government contract reviews and disputes with regional counterparties and state utilities.

Overview

Cross-border power trading and interconnectors for Bangladesh

Bangladesh imports a meaningful share of its electricity across borders, and regional power trading is a stated priority for South Asian governments. Existing links include the high-voltage direct current interconnection at Bheramara with India, supply from Tripura, and power from a dedicated plant in Jharkhand delivered over its own transmission line. Imports of Nepali hydropower through the Indian grid have begun under tripartite arrangements, and hydropower from Bhutan has long been discussed. Our projects and real estate team advises on the contracts, approvals and risks that make these arrangements work for each party involved.

Cross-border power trading in Bangladesh sits on a distinctive structure. The Bangladesh Power Development Board is the principal buyer of bulk electricity, the national transmission utility operates the high-voltage grid, and the Bangladesh Energy Regulatory Commission, established under the Bangladesh Energy Regulatory Commission Act 2003, has tariff and licensing functions. Policy rests with the Power Division of the energy ministry. Intergovernmental understandings frame most imports, while the commercial terms sit in power purchase, transmission and connection agreements. Each layer must be consistent with the others and with the rules of the exporting and transit country.

Interconnector and import contracts carry risks that domestic power projects do not. Delivery depends on transmission across a border, sometimes through a third country, and on the exporting country's grid and regulatory rules. Capacity charges, energy charges and fuel cost pass-through must be defined precisely, along with curtailment, outages, force majeure, change in law and the consequences of political or diplomatic disruption. Payment in foreign currency raises foreign exchange and payment security questions, particularly during periods of reserve pressure. We help parties allocate these risks clearly, so that the contract still works when supply is interrupted or payments fall behind.

Contract scrutiny has increased. Since 2024, the government has reviewed a number of power sector contracts, including some cross-border arrangements, with attention to tariffs, capacity payments, tax treatment and how agreements were procured. Developers, lenders and counterparties should expect that new and existing arrangements will be examined on transparency, value for money and compliance with procurement rules. We advise on renegotiation, on the legal effect of reviews and government decisions, and on protecting contractual rights while maintaining a constructive relationship with Bangladeshi authorities. Sound documentation of approvals and pricing is now essential to any power trading arrangement.

Grid access and future trading models are changing too. Regional discussions contemplate wider power trading through exchanges and multi-country arrangements, which would raise questions of open access, transmission pricing, scheduling, balancing and dispute resolution across several regulators. Domestic developments, such as new renewable capacity and private transmission, also affect grid access. We advise developers and investors on connection agreements, wheeling and transmission terms, regulatory filings and land and right-of-way issues, and our dispute resolution practice acts in tariff, payment and termination disputes, including international arbitration involving state-owned utilities. Grid access is now a core power trading issue.

01 · What we handle

Core workstreams

  • Power purchase and import agreements
  • Transmission and interconnection terms
  • Regulatory approvals and tariffs
  • Payment security and finance
02 · How it runs

Four clear stages

  1. 01Map the framework
  2. 02Allocate the risks
  3. 03Negotiate and approve
  4. 04Operate and resolve
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

How we support power trading and interconnector projects

Workstream 01Projects & Real Estate

Power purchase and import agreements

  • Map the framework
  • Allocate the risks
  • Negotiate and approve
  • Operate and resolve
Workstream 02Projects & Real Estate

Transmission and interconnection terms

  • Map the framework
  • Allocate the risks
  • Negotiate and approve
  • Operate and resolve
Workstream 03Projects & Real Estate

Regulatory approvals and tariffs

  • Map the framework
  • Allocate the risks
  • Negotiate and approve
  • Operate and resolve
Workstream 04Projects & Real Estate

Payment security and finance

  • Map the framework
  • Allocate the risks
  • Negotiate and approve
  • Operate and resolve
Workstream 05Projects & Real Estate

Contract review and renegotiation

  • Map the framework
  • Allocate the risks
  • Negotiate and approve
  • Operate and resolve
Workstream 06Projects & Real Estate

Disputes and arbitration

  • Map the framework
  • Allocate the risks
  • Negotiate and approve
  • Operate and resolve
01

Power purchase and import agreements

We draft, review and negotiate power purchase agreements for imported electricity, including capacity and energy charges, fuel pass-through, availability obligations, dispatch, curtailment, metering, billing, change in law, force majeure, termination and compensation. We focus on clauses that drive value and risk in cross-border supply, and on consistency with the intergovernmental framework and the exporting country's regulatory requirements. Our aim is a power trading contract that remains workable under stress.

02

Transmission and interconnection terms

We advise on transmission service, connection and interconnection agreements covering construction responsibilities, asset ownership at the border, capacity allocation, scheduling, losses, outage coordination, technical standards and maintenance. For dedicated lines and merchant interconnectors, we address land, right of way, permits and the interface between developers, the national transmission utility and counterparties across the border. Clear interface terms reduce later disputes between operators. Metering points need precise definition.

03

Regulatory approvals and tariffs

We help clients navigate approvals from the Power Division, the Bangladesh Power Development Board, the Bangladesh Energy Regulatory Commission and other authorities, and the corresponding approvals in exporting and transit countries with local counsel. We advise on tariff determination and adjustment, licensing, government guarantees and implementation agreements, and approvals now handled by Invest Bangladesh for foreign-owned entities. We also track policy changes affecting power trading.

04

Payment security and finance

We structure payment security for cross-border power trading, including letters of credit, escrow arrangements, government guarantees, sovereign support and multilateral risk mitigation. We advise lenders and developers on financing documents, direct agreements, step-in rights and security over project assets, and on foreign exchange approvals and withholding tax affecting payments to foreign sellers and lenders. Bankable power trading depends on credible payment support. Tax gross-up terms are reviewed.

05

Contract review and renegotiation

Where agreements are under government review, we analyse contractual rights, the legal basis for proposed changes, and options ranging from negotiated amendments to formal dispute processes. We prepare submissions to review bodies, document procurement and approval history, and help clients balance protection of their rights with the long-term relationship that power supply requires in Bangladesh and across the region. Good records strengthen any negotiating position.

06

Disputes and arbitration

We act in disputes over unpaid invoices, capacity payments, tariff adjustments, outages, curtailment, force majeure and termination. Many cross-border power agreements provide for international arbitration, sometimes with state-owned utilities and governments, raising issues of immunity, enforcement and treaty protection. We work with counsel in India, Nepal, Singapore, the UK and elsewhere to run claims and defences coherently across forums. Early strategy often narrows the dispute and reduces cost.

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.

Projects & Real Estate matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

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01

Who buys imported electricity in Bangladesh, and who stands behind the payments?

The Bangladesh Power Development Board has historically been the main buyer of bulk electricity, including imported power, under power purchase agreements with sellers in India and, through tripartite arrangements, with Nepal. Transmission is handled by the national transmission utility, and tariffs and licences involve the Bangladesh Energy Regulatory Commission. Policy decisions sit with the Power Division. The identity of the buyer matters for credit risk, payment security and dispute resolution. Any new power trading arrangement should confirm the contracting entity, its authority to sign, the approvals it needs and the government support available behind its payment obligations, such as guarantees.

02

What approvals are needed for a cross-border power import project?

Approvals are typically needed in Bangladesh, the exporting country and any transit country. In Bangladesh, these may include Power Division and cabinet-level decisions, approval of the power purchase agreement and tariff, transmission and connection arrangements with the national grid operator, and, where a foreign entity is involved, registration and foreign exchange approvals. The exporting country will have its own rules on cross-border electricity trade. We map approvals in Bangladesh and coordinate with counsel abroad so that power trading documents are signed with the authorisations they need to be enforceable, and we sequence them so that none delays signing.

03

How are capacity payments structured, and why are they controversial?

Capacity payments compensate a seller for making capacity available, whether or not the buyer dispatches it, and they support financing of the underlying plant and transmission assets. They can become controversial when demand falls, alternative supply is cheaper, or the buyer struggles to pay, because the buyer pays for capacity it does not use. Well-drafted agreements define availability, testing, deductions and adjustments clearly. We advise buyers and sellers on fair, defensible structures and on resolving disputes about capacity charges in power trading contracts. Parties should keep dispatch, availability and testing records, since capacity disputes usually turn on them.

04

What happens if the exporting country restricts or interrupts supply to Bangladesh?

Supply interruptions may result from grid emergencies, domestic shortages, regulatory changes or political decisions in the exporting country. The consequences depend on the contract: force majeure definitions, change-in-law clauses, political risk provisions, availability obligations and termination rights. Some agreements distinguish between events within and outside the seller's control. Intergovernmental arrangements may also provide consultation mechanisms. We review these provisions before signing and, when interruptions occur, advise on notices, relief, payment obligations and dispute options. Clear drafting is the best protection against the political risk inherent in cross-border power trading. Notices should be served promptly and in the form required.

05

Can a private company trade electricity across the border with Bangladesh?

Bangladesh's power sector has largely operated on a single-buyer model, with imports contracted by state entities under government-level arrangements. Private developers have participated as sellers, for example through dedicated plants supplying Bangladesh, and private investors may hold interests in transmission or generation assets. Fully open merchant trading would require further regulatory change in Bangladesh and coordination with neighbouring countries' rules. We advise private companies on current participation routes, including partnering with state entities, developing dedicated assets or supplying through regional traders, and on how regulatory reform may expand power trading opportunities. Each route carries different risk and approval needs.

06

How are payment delays handled in power import contracts?

Power purchase agreements usually provide for invoicing, due dates, late payment interest, payment security such as letters of credit, and remedies including suspension of supply or termination for prolonged non-payment. Foreign currency shortages can delay payments even where the buyer intends to pay, so agreements may also address currency conversion, government support and escalation. In practice, parties often negotiate payment plans before using formal remedies. We advise on these mechanisms, on negotiating rescheduling and on preserving rights while discussions continue, so that the relationship survives temporary payment stress. Keep invoices, payment notices and reservation-of-rights letters in one file.

07

Are cross-border power trading disputes resolved by arbitration?

Often, yes. Many power purchase and interconnection agreements involving Bangladesh provide for arbitration, sometimes seated outside Bangladesh and administered by institutions such as the ICC or SIAC, or under UNCITRAL rules. Some disputes can also engage investment treaty protection. Arbitration against a state-owned utility raises questions of authority, immunity and enforcement of awards in Bangladesh under the Arbitration Act 2001 and abroad. Intergovernmental mechanisms may be used for disputes between states. We advise on clause drafting, pre-dispute steps and conduct of arbitrations, coordinating with co-counsel abroad. The seat decides which courts supervise the tribunal and enforce the award.

08

Does power trading affect renewable energy investment in Bangladesh?

Yes. Imports of hydropower from Nepal and potentially Bhutan can help Bangladesh meet clean energy goals, and regional trading may create markets for renewable electricity and related certificates. At the same time, imports compete with domestic generation, including new solar and wind, for grid capacity and purchase commitments. Investors should understand how import contracts, capacity obligations and transmission plans affect demand for domestic renewable output. We advise on how power trading arrangements interact with renewable procurement, net metering, corporate power purchase and the grid access needed for new projects. Early discussions with the grid operator help secure connection capacity.

How a matter runs

From first call to resolution.

  1. 01

    Map the framework

    We identify the intergovernmental arrangements, contracting entities, regulators and approvals in Bangladesh and each other relevant country, and review existing agreements and grid plans that shape the project's legal structure. This baseline shows where power trading approvals and risks really sit.

  2. 02

    Allocate the risks

    We analyse supply, transmission, payment, political and regulatory risks, and propose contract structures, payment security and government support that allocate those risks clearly between the parties. Each allocation is tested against realistic disruption scenarios. Fallback positions are agreed early.

  3. 03

    Negotiate and approve

    We negotiate power purchase, transmission and finance documents, coordinate approvals and filings across jurisdictions, and confirm that signing parties have the authority and authorisations required. Signing is sequenced so power trading documents take effect together. Conditions precedent are tracked closely.

  4. 04

    Operate and resolve

    During operation we advise on billing disputes, outages, tariff reviews, contract reviews and renegotiations, and act in arbitration or court proceedings where disputes cannot be settled commercially. We also help keep power trading records complete for future reviews. Settlement is pursued where sensible.

“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.

What is an electricity interconnector, and how is it governed?
An interconnector is a transmission link that connects the electricity systems of two areas, often two countries, allowing power to flow between them. It may use alternating current or high-voltage direct current technology. Ownership can be shared, regulated or merchant. Legal arrangements cover construction, ownership at the border, capacity allocation, operation, losses and charges, and they must align with each country's grid code and regulatory regime. Interconnectors are the physical backbone of power trading. Grid codes on each side must be reconciled before operation.
Which neighbouring countries does Bangladesh currently trade power with?
Bangladesh imports electricity from India through several links and from a dedicated plant in India, and has begun importing hydropower from Nepal through India under tripartite arrangements. Discussions on imports from Bhutan and wider regional trading have continued for some years. The scale and terms of power trading depend on government-level agreements, transmission capacity and commercial negotiations. Each new link expands options for regional power trading and grid stability. Transmission capacity is often the limiting factor.
Does BERC regulate the tariffs for imported power?
The Bangladesh Energy Regulatory Commission has statutory functions on tariffs and licensing in the energy sector, and its role in bulk and retail tariff setting affects how import costs are passed through. Import contracts are typically approved at government level, and the relationship between those approvals and BERC's tariff functions should be checked for each transaction, as practice has changed over time. We confirm the current position before each power trading transaction is priced. Tariff orders and public hearings may also be relevant.
What is wheeling, and does it apply to electricity in Bangladesh?
Wheeling is the transmission of electricity over a third party's network from a seller to a buyer, for a charge. It is central to cross-border trade through transit countries, such as Nepali power delivered through India. Domestic wheeling for private buyers in Bangladesh is more limited and depends on regulatory arrangements. We advise on wheeling terms, charges and the approvals needed for each route. Wheeling charges can materially change the economics of power trading. Losses and scheduling rules also matter.
What role do lenders and development finance institutions play in interconnector projects?
Lenders finance generation and transmission assets and require bankable contracts, payment security, step-in rights and protection against political and regulatory risk. Multilateral and export credit agencies often participate in regional energy projects. Their requirements on procurement, environmental and social standards and governance can shape the project. We advise lenders and borrowers on financing documents and Bangladesh security and approvals. Lenders also expect clear dispute resolution and enforcement routes in every power trading contract. Environmental and social standards often apply.
Can existing power contracts be changed or reopened by the Bangladesh government?
A contract with a state entity is binding, but governments can seek renegotiation, and legislative or regulatory changes may affect performance. Change-in-law and stabilisation clauses, government guarantees and treaty protections determine the counterparty's remedies. Recent reviews in Bangladesh show the importance of documenting procurement and approvals properly. We advise on rights, negotiation strategy and dispute options when changes are proposed. Early legal analysis keeps options open. Treaty protections may also be relevant for foreign investors.
How do land acquisition and right-of-way issues affect new transmission lines?
Transmission lines require land acquisition or rights of way, tower sites, crossings of rivers and roads, and environmental clearances. In Bangladesh, land acquisition for public purposes follows statutory procedures, and compensation and resettlement can affect timelines. Delays in securing corridors are a common cause of project slippage. We advise on land, permitting and community engagement for transmission infrastructure. Corridor risk should be addressed in power trading project schedules from the outset. Compensation disputes can cause significant delay.
How do we start a power trading matter with TRW?
Send us a summary of the project, counterparties, countries involved, current documents and key deadlines. We will identify the main legal issues and the counsel abroad who may need to be involved. Contact us through our contact page, by telephone on +880 1708 000660 or by email at info@trw.co. We can usually arrange an initial call within a few working days. We coordinate with technical and financial advisers as needed. Please include any documents already shared with counterparties, so we can review them before the call.

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