The 2026 Rules took effect on 1 June 2026. Key changes include optional Terms of Reference, a mandatory early case management conference, a new early determination procedure, higher expedited procedure thresholds for agreements made from that date, an opt-in highly expedited track, wider emergency arbitrator powers and stronger disclosure duties. Generally the Rules in force when the arbitration starts apply, but some provisions, such as the expedited thresholds, depend on when the arbitration agreement was concluded. We review your contract date and clause wording to confirm which provisions will govern your ICC arbitration. Transitional questions matter.

ICC administrative expenses and arbitrators' fees are calculated mainly by reference to the amount in dispute, using the ICC's published scales, and the parties usually share the advance on costs at the start. On top of that come counsel fees, experts, translation, travel and hearing costs. A sole arbitrator and expedited procedure can reduce costs significantly for smaller claims. We prepare a phased budget for each stage and explain how the tribunal may allocate costs in the final award. We never quote fixed figures before seeing the claim. Budgets are reviewed regularly. Costs follow events.

Both can work. A Dhaka seat gives the Bangladesh courts supervisory jurisdiction, which can be convenient for interim measures and enforcement against local assets, but some foreign parties worry about delay in court challenges. A foreign seat such as Singapore or London places challenges abroad, and enforcement in Bangladesh then proceeds as a foreign award. The choice depends on the counterparty, where its assets are, the value of the contract and the likely need for urgent relief. We advise on that trade-off when the clause is negotiated. Neither is automatically better. Context decides.

Courts in Bangladesh generally respect valid arbitration agreements, and a court suit brought in breach of an ICC clause can be stayed on a prompt application. In some cases, parties have sought injunctions from local courts to restrain foreign arbitrations or calls on guarantees. Those applications must be answered quickly and firmly, with clear evidence of the arbitration agreement. We act for parties on both sides of such disputes and coordinate with counsel at the seat, so that steps in Dhaka do not undermine the position in the ICC arbitration itself. Early action helps.

If the seat was in Bangladesh, the award is enforced as a domestic or international commercial award under the Arbitration Act 2001, once the time for challenge has passed or any challenge has failed. If the seat was in another New York Convention country, the award is enforced as a foreign award under the Act, subject to limited grounds for refusal such as incapacity, lack of proper notice, excess of jurisdiction and public policy. In practice, success depends on identifying assets early and moving quickly for attachment, so we plan enforcement during the arbitration. Delay helps debtors.

Do not ignore it. Note the deadline for the answer under the ICC Rules, which is short but can usually be extended on request. Gather the contract, correspondence and performance records, notify insurers if relevant and preserve documents. Then take advice on jurisdiction, merits, counterclaims and the choice of arbitrator, because nominating the right arbitrator is one of the most important early decisions. A respondent that does not participate risks a default award that will later be enforced against its assets in Bangladesh. Act within days, not weeks, to protect your position.

Yes. Many public sector contracts in power, energy, infrastructure and procurement include ICC arbitration clauses, sometimes after internal or ministerial approvals. These cases can raise questions about authority to sign, compliance with procurement rules, immunity from execution and enforcement against public assets. They may also involve investment treaty protections for foreign investors. We advise private and public parties on these issues at the drafting stage and during disputes, so that the eventual award is as robust as possible when it reaches the courts. Careful drafting reduces later disputes. Approvals should be documented carefully.

It can be. The expedited procedure provisions apply automatically below a monetary threshold, which under the 2026 Rules is higher for agreements concluded from 1 June 2026, unless the parties opt out. They provide for a sole arbitrator, shorter timelines and reduced fees. The new highly expedited track is available only if all parties agree. For very small claims, mediation, BIAC arbitration or the courts may still be more economical. We compare those options candidly, taking into account the value of the claim and the counterparty's likely response. Value for money matters. We compare costs.