Co-counsel pack · International arbitration
Bangladesh arbitration co-counsel for international firms and parties
We work alongside your lead counsel on SIAC, ICC, LCIA and ICSID matters with a Bangladesh dimension: Bangladesh-law opinions, expert evidence, court applications in Bangladesh and enforcement of the award, from a dispute resolution team ranked Tier 3 by The Legal 500.
The Legal 500 · Bangladesh: Tier 2 Intellectual property · Tier 2 Tax · Tier 3 Dispute resolution
Who this is for
Why it matters now
Bangladesh arbitration co-counsel
Bangladesh arbitration co-counsel is often needed long before enforcement. Contracts with Bangladeshi parties are frequently governed by Bangladesh law, assets sit in Bangladesh, and local courts may be asked to support or obstruct the arbitration. Bangladesh is a New York Convention party, with the Convention in force since 4 August 1992 [3], and an ICSID Contracting State since 26 April 1980 [2]. But an award's practical value depends on how Bangladeshi courts treat it, and on Bangladesh-law evidence presented to the tribunal in a form it can rely on.
The courts' approach is improving but still contested. In July 2026 the High Court Division held that a foreign award is enforced under section 45 of the Arbitration Act 2001 without separate recognition and execution proceedings, and that the refusal grounds in section 46, including public policy, must be read narrowly [1]. The US State Department nevertheless reports that awards are unevenly enforced and that the government has challenged ICSID and non-ICSID awards against it [5]. The Law Minister has also said the Arbitration Act 2001 has limitations that need fixing [6][7].
Procedure is changing too. The commercial courts legislation lists arbitration agreements, arbitrations, arbitral proceedings and awards under the Arbitration Act 2001 among commercial disputes, with appeals to the High Court Division within 60 days [4], while the 2001 Act itself defines the court as the District Judge's court [8]. Lead counsel abroad need someone who can track which forum is right, file promptly in Bangladesh and explain the position credibly to an international tribunal.
What is included
What our bangladesh arbitration co-counsel service includes
Written opinions on the Bangladesh-law questions in the arbitration: contract formation and capacity, authority of state entities, limitation, illegality and public policy, remedies and interest, and the effect of Bangladesh regulatory approvals on performance.
Independent expert reports and testimony on Bangladesh law, prepared to the duties set by the tribunal's procedural order, kept separate from any advocacy role where independence is required.
Applications to Bangladeshi courts in support of the arbitration, responses where a Bangladeshi party sues in breach of the arbitration agreement, and defence of injunction applications aimed at stopping the arbitration.
Enforcement applications for foreign awards under section 45 with the authenticated award, the arbitration agreement and proof that the award is foreign, and defence of objections under section 46 and any appeal [1].
Collection of company, land, registration, court and regulatory records in Bangladesh, with certified translations from Bangla, to support disclosure, jurisdiction arguments or asset tracing for enforcement.
Input on the seat, interim measures, the timing of local court steps and the likely Bangladeshi reaction to procedural choices, delivered in calls and short written notes to the lead counsel team.
Responses to writ petitions, suits and other proceedings a Bangladeshi counterparty brings to delay the arbitration or enforcement, coordinated with lead counsel's strategy before the tribunal.
How it works
Bangladesh arbitration co-counsel, step by step
- Founding partner consultationWeek 1
Book a 40-minute consultation with a founding partner. We take a short brief, run a conflict check against all parties and confirm whether we act as co-counsel, as independent expert, or both where that is proper.
- Engagement and scopeStage 1
We agree in writing the questions to be answered, our role, the timetable set by the tribunal and a budget for each phase, and set up secure document exchange with your team.
- Opinions and expert evidenceTribunal timetable
We deliver the Bangladesh-law opinions or expert report to the tribunal's timetable, answer responsive reports from the other side's expert and prepare for cross-examination where the expert must give oral evidence at the hearing.
- Court steps in BangladeshAs needed
We file and argue supporting or defensive applications in Bangladeshi courts, reporting each outcome to lead counsel in English with copies of the orders, translated extracts and our view of the next step.
- Enforcement of the awardAfter the award
We file the enforcement application, defend objections and pursue execution against identified assets, coordinating with lead counsel on any parallel enforcement in other countries and on settlement approaches the award debtor makes.
Written opinions and expert reports are quoted as a fixed fee per report once the questions are settled. Court applications and enforcement are budgeted by phase with a cap, because they depend on objections and hearings. Court, translation and certification costs are passed through at cost, and every fee is confirmed in writing before work starts.
We confirm the fee in writing before any work starts. Government fees, court fees and stamp duty are passed through at cost.Questions
Bangladesh arbitration co-counsel: questions
What does Bangladesh arbitration co-counsel do alongside lead counsel?
We cover what lead counsel cannot do from abroad: give reliable Bangladesh-law advice, appear in Bangladeshi courts, obtain local records and plan enforcement against assets in Bangladesh. The lead firm keeps control of the arbitration strategy and the relationship with the tribunal. We agree the division of work at the outset to avoid duplication, and report in English in the format your team uses. Our dispute resolution practice is ranked Tier 3 in Bangladesh by The Legal 500.
Can you act as an independent expert on Bangladesh law?
Yes, where we have no conflict and are not also acting as advocate in a way that would undermine independence. Expert reports are prepared to the duties the tribunal sets, which typically include a statement of independence and disclosure of instructions. If a client wants both co-counsel support and an expert, we explain at the start whether one firm can properly fill both roles in that case, rather than after the report is challenged.
Is a foreign arbitral award enforceable in Bangladesh?
Yes, for awards made in New York Convention states. Bangladesh acceded to the Convention on 6 May 1992 [3]. Enforcement is under section 45 of the Arbitration Act 2001: the applicant files an authenticated copy of the award, the arbitration agreement and proof that the award is foreign [1]. In 2026 the High Court Division held that no separate recognition proceeding is needed and that the section 46 refusal grounds must be read narrowly [1]. Contested cases still take time, so the evidence should be complete from day one.
Does Bangladesh take part in ICSID arbitration?
Bangladesh signed the ICSID Convention on 20 November 1979 and ratified it on 27 March 1980, and the Convention entered into force for Bangladesh on 26 April 1980 [2]. Jurisdiction in a given case also needs the state's consent, usually through an investment treaty or a contract. The US State Department notes that the government has used available mechanisms to challenge ICSID and non-ICSID awards against it [5], so award creditors should plan their enforcement and asset strategy early.
Which Bangladeshi court hears arbitration applications now?
The Arbitration Act 2001 defines the court as the District Judge's court, including any Additional District Judge's court the government appoints for the Act [8]. The commercial courts legislation now lists arbitration agreements, proceedings and awards under the 2001 Act among the commercial disputes those courts hear [4]. Where a particular application should be filed therefore needs checking case by case, and we confirm the forum before filing so that the other side cannot win time with a jurisdiction objection.
Can you collect documents and evidence in Bangladesh for the arbitration?
Yes. We obtain company records from the registrar, land and registration records, court files, regulatory approvals and other public documents, and arrange certified translations from Bangla. Where documents are held by a Bangladeshi party, we advise lead counsel on what local law allows and whether a court application could help. We keep a record of where and when each document was obtained, so the tribunal can see its provenance.
Sources
- High Court Division, South Express Ltd v Madina Enterprise, Arbitration Appeal No. 08 of 2025 (9 July 2026)
- ICSID: List of Contracting States and Other Signatories of the Convention (July 2026)
- UNCITRAL: Status of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
- Commercial Court Ordinance 2026 (Ordinance No. 1 of 2026), repealed by the Commercial Courts Act 2026 (Act No. 23 of 2026): Laws of Bangladesh
- US Department of State: 2026 Investment Climate Statements, Bangladesh
- The Daily Star, May 2026: Govt to address major gaps in Commercial Courts Act
- The Financial Express, 22 May 2026: Commercial Court Act needs re-examination, says Law Minister
- Arbitration Act 2001 (Bangladesh), sections 1 and 2, via ArbitrationLaw.com
Related
Start with a consultation
Tell us the facts and deadlines. We will confirm scope, fee and timeline in writing before we begin.
General information on the law of Bangladesh, not legal advice. Sending an enquiry does not create a lawyer-client relationship.