It depends on location and activity. Seaport projects at Chattogram, Mongla and Payra are handled by the respective port authorities under the Ministry of Shipping, with cabinet or other approvals for major concessions. River ports, inland waterways and many jetties fall under the Bangladesh Inland Water Transport Authority. Land ports have their own authority. PPP projects are now processed through Invest Bangladesh. Environmental clearance comes from the Department of Environment, and customs control from the National Board of Revenue. We identify the right authorities and approvals for each project before any commitments are made. Getting this right avoids delay.

Concessions may be awarded through open competitive tender, through a PPP process managed by Invest Bangladesh, or through negotiated arrangements, including government-to-government frameworks, where the law and policy allow. The choice of route affects transparency, the risk of later challenge and the terms available. Recent terminal agreements with international operators have attracted public scrutiny, so investors should expect questions about the award process and pricing. We advise on the procurement route, review tender and concession documents, and help bidders and operators build a clear record that can withstand review. Bidders should also check eligibility and conflict rules before forming consortia.

Foreign operators can and do operate terminals under agreements with port authorities, and foreign investors can hold shares in Bangladesh companies that build or operate maritime infrastructure, subject to sector policy and approvals. Port land and waterfront usually remain in public ownership, with the operator holding rights under a concession, lease or licence rather than freehold title. Investors also need investment registration, foreign exchange compliance and appropriate security arrangements. We advise on structure, approvals, and the protections available under contract, Bangladesh law and investment treaties for foreign investors. Political and regulatory risk should be assessed for any maritime infrastructure investment.

Tariffs and volumes drive the economics of a concession, so the agreement should state clearly who sets tariffs, how they are adjusted for inflation, currency and cost changes, and what happens if the authority does not approve an adjustment. Minimum guaranteed volumes or throughput commitments should be realistic, with clear measurement and remedies for shortfalls on both sides. Revenue sharing and royalty formulas need precise definitions. We review these provisions alongside the financial model, highlight ambiguities that often lead to disputes, and propose drafting that works for operators, authorities and lenders. Clear drafting protects both sides over time.

A private jetty usually needs secure land and waterfront rights, permission from the relevant port authority or BIWTA depending on location, environmental clearance from the Department of Environment, navigation and safety approvals, and building or construction permissions. Where cargo will cross a border, customs approval and possibly bonded or designated status are also needed. Dredging may require separate permissions. The approval route varies by river, port limits and use, so we prepare a site-specific approvals map and coordinate the legal applications with technical consultants and the client's site team. Early engagement with the authority usually shortens the process considerably.

Marine works carry particular risks: unexpected ground conditions, siltation, weather, navigation restrictions and interference with port operations. Contracts based on FIDIC or similar forms provide a starting point, but the employer's amendments often shift significant risks to the contractor. Measurement of dredged quantities and disposal arrangements are common sources of dispute. We review risk allocation, propose balanced amendments, and advise on documentation during the works, such as notices, records and variation instructions, which often decide the outcome if a claim is later made. Disputes on maritime infrastructure works often turn on these contemporaneous documents and timely notices.

Usually, but the concession agreement decides how effective that security is. Lenders typically want an assignment or charge over the concession rights, receivables and accounts, security over equipment, and a direct agreement with the port authority giving them notice of default, cure periods and step-in or substitution rights. Many concessions restrict assignment without consent, and termination compensation provisions determine what lenders recover if things go wrong. We advise lenders and sponsors on these provisions, negotiate direct agreements and give Bangladesh law opinions on enforceability. These points should be agreed before the concession is signed, as authorities rarely revisit them afterwards.

International concession and construction contracts commonly provide for dispute boards or expert determination, then arbitration under institutional rules, often with a seat outside Bangladesh. Domestic contracts may refer disputes to arbitration under the Arbitration Act 2001 or to the courts. Decisions of public authorities, such as licence cancellations or procurement decisions, may be challenged by writ in the High Court Division. Bangladesh is a party to the New York Convention, so foreign awards can be enforced here. We plan dispute strategy early and coordinate arbitration and enforcement. Timely notices and good records strengthen any maritime infrastructure claim considerably.