Commercial arbitration is based on an arbitration agreement in a contract, usually between companies, and resolves disputes about that contract. Investment treaty arbitration is based on a State's standing offer to arbitrate in a treaty, which a qualifying foreign investor accepts by starting proceedings. The claim is against the State itself, and it concerns breaches of international law standards, such as fair and equitable treatment or protection against expropriation, rather than breach of contract. The two can overlap where a State entity is also the contract counterparty, and the interaction needs careful analysis before either claim is started.

Claims can arise from many types of State conduct, including cancellation or non-renewal of licences, regulatory changes that destroy the value of an investment, discriminatory treatment, failure to pay amounts owed by State entities in some circumstances, restrictions on repatriating funds, outright or creeping expropriation, and court decisions that deny justice. The measure must usually be attributable to the State under international law. Ordinary commercial disagreements with a State-owned company may not be enough on their own. We review the measure, the investor's treatment over time and the treaty wording to assess whether a credible and worthwhile claim exists.

Possibly. Many investors hold investments through intermediate companies, and a claim may be available under the treaty between Bangladesh and the State of that company, if one exists and is in force, subject to the treaty's definition of investor. Some treaties include denial of benefits clauses that exclude shell companies without substantial business activities. Tribunals also scrutinise restructurings made after a dispute was foreseeable, and may treat them as an abuse of process. We review the ownership chain, the dates and the substance of each entity to determine which treaties are realistically available for an investment treaty arbitration claim.

These cases are typically lengthy and expensive. From notice to award, proceedings often take several years, with additional time for annulment or set-aside applications and enforcement. Costs include tribunal and institutional fees, counsel, damages and industry experts, and translation of documents. Tribunals may order the losing party to pay costs, but outcomes vary. Third-party funding is used in some treaty cases and raises its own disclosure and control issues. We help clients assess whether the likely recovery justifies the investment of time and money, and how to keep costs proportionate throughout the proceedings and any enforcement stage.

It depends on the treaty. Some treaties require a period of local litigation before international arbitration, while others allow a claim after a negotiation period only. Some contain fork-in-the-road clauses, under which choosing local courts for the same dispute may bar a later investment treaty arbitration. Starting a writ petition or civil suit in Dhaka without considering these clauses can therefore be risky. We assess the specific treaty text before any court step is taken, and advise on whether urgent local relief can be sought without compromising the international claim or the investor's broader relationship with government.

Yes, if Bangladesh has a treaty in force with the host State and the investor and investment fall within its terms. Bangladeshi businesses increasingly invest in other countries, and outbound investment requires approvals under Bangladeshi foreign exchange rules, which also affect how the investment is structured and documented. An investment treaty arbitration against another State follows the same principles: notice, cooling-off, jurisdiction and merits. We advise Bangladeshi investors on treaty protection when they invest and on claims if a host State takes adverse measures, working with counsel in that State on local remedies and evidence.

Not necessarily, but it can strain relations with government, regulators and State-owned counterparties, and it often becomes public. Many investors use the notice and negotiation period to reach a commercial solution, and some cases settle after proceedings begin. A claim can also be suspended while talks continue. The decision whether to proceed should weigh the value of the claim against the investor's continuing operations, reputation and future plans. We help investors communicate firmly, clearly and constructively with the relevant authorities, so that the legal position is protected while the door to settlement remains open at every stage.

ICSID awards must be recognised by all ICSID contracting States as binding, and their pecuniary obligations enforced as if they were final local judgments, subject to the annulment procedure. Non-ICSID awards are enforced under the New York Convention in the courts of the country where assets are found. In both cases, State assets used for public or sovereign purposes, such as diplomatic or central bank property, are often immune from execution. Recovery therefore depends on identifying commercial assets, or on negotiation. Many States settle or pay awards without contested enforcement, but planning for enforcement remains important from the outset.