It depends first on the contract. If there is a valid arbitration clause, the court will usually refer the dispute to arbitration. Without one, litigation is the default unless both parties later agree to arbitrate. Arbitration offers privacy, specialist decision-makers and international enforceability, but it can be more expensive at the outset. Litigation can be slower but may suit smaller domestic claims, and it allows urgent relief against third parties. We compare the options on cost, time, enforceability and leverage before recommending a dispute resolution route. Where the other side's assets sit should influence the forum.

Civil litigation in Bangladesh can take several years to reach final judgment, particularly where interim applications, appeals and revisions intervene. The Commercial Courts Act 2026 aims to speed up commercial disputes, but its practical effect is still developing. Arbitration can be faster where the parties and tribunal manage the timetable well. Mediation can resolve matters within weeks. We give a realistic estimate for each route and design dispute resolution strategy around obtaining early leverage, such as interim relief, rather than simply waiting for a final hearing. Budgets and settlement timing should assume the likely duration, not the best case.

For certain categories of dispute, the Legal Aid Services (Amendment) Act 2026 introduces mandatory mediation before a case can be filed, and the requirement is being rolled out by district. The categories and the procedure need to be checked for each matter and location. The Code of Civil Procedure also provides for court-annexed mediation after a suit is filed. Mediation is not a formality: it can produce a quick and confidential result if both sides prepare properly. We advise whether the requirement applies and represent clients through the process as part of a coherent dispute resolution plan.

Yes. A foreign company can bring proceedings in Bangladesh and can be sued where the courts have jurisdiction, for example because the cause of action arose in Bangladesh or the defendant has a place of business here. Foreign companies act through a properly executed vokalatnama and a power of attorney notarised and authenticated for use in Bangladesh. Security for costs may be sought in some cases. We guide foreign clients through these formalities, coordinate with their home counsel on the wider dispute resolution strategy. Corporate documents should be authenticated early, as delay can hold up filing.

Bangladeshi courts can grant temporary injunctions, status quo orders and attachment before judgment where a party shows a prima facie case, a balance of convenience in its favour and a risk of irreparable harm. Courts can also grant interim measures in support of arbitration under the Arbitration Act 2001. Applications must be evidence-based and prompt, as delay undermines urgency. We prepare urgent applications quickly and anticipate the objections the other side will raise. Early interim relief frequently shapes the entire dispute resolution process and encourages settlement. Undertakings may be required, so the downside should be considered first.

Costs depend on the forum, the value and complexity of the dispute, the number of hearings and whether interim applications and appeals are contested. Court fees in some suits are calculated by reference to the value of the claim. Arbitration involves tribunal and institutional fees in addition to legal fees. We provide a written estimate at the start, broken down by stage where possible, and we discuss fee arrangements openly. Understanding cost early helps clients decide whether to pursue, defend or settle. Check whether any estimate covers appeals and execution, which are usually separate stages.

Often, yes. Decisions of ministries, regulators and public bodies can be challenged by writ petition in the High Court Division under Article 102 of the Constitution, where the decision is unlawful, made without jurisdiction, procedurally unfair or unreasonable. Some decisions must first be challenged through a statutory appeal or specialist tribunal, whose time limit should be checked before a writ is filed. Interim stays may be available. Public law challenges need care, because the client may have a continuing relationship with the authority. We advise on whether to challenge, negotiate or both, as part of dispute resolution strategy.

If the other side does not pay voluntarily, the decree or award must be enforced. Domestic decrees are executed through an execution case, which can involve attachment and sale of property, attachment of bank accounts and other measures. Arbitral awards are enforced under the Arbitration Act 2001. Foreign judgments and awards follow their own routes. The losing party may also appeal, so stay applications and security often need attention. We plan enforcement from the start of the dispute resolution process, searching early for the debtor's bank accounts, land and shares so that a favourable result becomes an actual recovery.