DisputesPractice areaBangladesh · Cross-border
Dispute Resolution
information
context
The starting point
Start with the decision
ahead.
A dispute can concern commercial performance, ownership, a project, a regulated decision, an award or judgment, or a relationship that crosses borders. Before a route is considered, it can be useful to identify the operative documents, the immediate issue, any time-sensitive event, the people or entities involved, and the jurisdictions connected with the dispute. The appropriate analysis depends on the facts and applicable law.
Documents and procedural setting
The relevant agreement, correspondence, notice or decision may help establish the factual and procedural setting. It may also indicate whether an agreed dispute mechanism is relevant.The immediate decision
An urgent commercial, operational or preservation question can affect the issues that need to be understood at the outset. Any available route depends on the statutory and factual setting.Jurisdictions and implementation
The location of parties, operations, assets and relevant decisions can be significant, particularly where a decision may need to take effect across borders.A focused conversation
Questions that may shape
the conversation.
The following themes can help frame a Bangladesh-related dispute without selecting a route or suggesting what should happen in any individual situation.
Commercial and supply arrangements
A commercial relationship, supply arrangement, performance question or payment issue may bring the operative documents, any notice or escalation provisions, and the immediate commercial decision into focus.Ownership, joint ventures and governance
Where ownership, management, decision-making or a joint venture is disputed, constitutional documents, agreements, the statutory setting and the procedural posture may all be relevant.Projects and technical performance
For an infrastructure, construction, technology, procurement or other technical project, the contract structure, project records, technical questions, and payment or performance positions may shape the initial issues.Finance, security and recovery questions
Financing documents, security, guarantees, recovery, insolvency or a regulated financial relationship may involve specialist statutory or procedural considerations.Regulatory and public-authority issues
Where a dispute is connected with a regulatory decision, licence, approval, procurement action or public authority, the source of power, the relevant statute, the decision record and any available process may require separate consideration.Cross-border and multi-jurisdiction issues
Where parties, contracts, performance, assets or decisions sit in more than one jurisdiction, questions of governing law, forum, service, language, currency, recognition and implementation may not align.Awards, orders and agreed terms
Where an award, order, judgment, settlement proposal or mediated agreement has been received, the document, forum, relevant parties and jurisdictions may shape the questions for an initial review.Bangladesh context
Different routes. Different
questions.
Court proceedings may be relevant where the applicable law, relief, parties, public character or procedural setting point to a judicial forum. Arbitration may be relevant where a written arbitration agreement or another applicable basis exists. Court-connected mediation may arise in specified civil settings, while negotiated resolution may also be explored where parties are considering an agreed path. The relevance of any route depends on the documents, facts and applicable law.
Arbitration framework
The Arbitration Act, 2001 addresses international commercial arbitration and recognition and enforcement of foreign arbitral awards. It includes requirements concerning the form of an arbitration agreement.Read sourceCourt-connected mediation
The Code of Civil Procedure, 1908 addresses court mediation or referral for mediation in specified civil-suit circumstances, subject to its terms and exclusions.Read sourceCross-border awards
The New York Convention provides an international framework for recognition of arbitration agreements and foreign or non-domestic arbitral awards. Its effect in a particular situation depends on the relevant jurisdictions, law, procedure, parties and assets.Read sourceQuestions, not prescriptions
What may
matter.
These answers are general information. The applicable route always depends on the facts, documents and current legal position.
Are arbitration and litigation the same?
Can mediation arise when a civil dispute is before a court?
What can a cross-border element change?
Begin with context
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context.
For an initial enquiry, please share only non-confidential context necessary to identify the issue. Do not send sensitive or confidential information through this website until an appropriate engagement is confirmed.