Arbitration Process in Bangladesh – Basic Steps and Procedure
Practical overview of the arbitration process in Bangladesh: key stages from agreement to enforcement, court assistance, and practical checklist for cross‑border parties.

Our London office (Holborn Gate, 330 High Holborn, London, WC1V 7QH, England) frequently assists international clients in assessing dispute resolution strategies for South Asia. This note sets out a concise, practice‑oriented overview of the main stages and procedural features typically encountered in arbitration relating to Bangladesh‑based contracts. It is intended for in‑house counsel, arbitral institutions and advising advisers preparing for or responding to disputes with a Bangladesh nexus.
1. Arbitration agreement and commencement
An enforceable arbitration agreement is the cornerstone. Parties should ensure the clause clearly identifies: the seat (legal place) of arbitration; governing law of the contract; the rules to be applied (institutional or ad hoc); number and method of appointment of arbitrators; language; and any interim measures or emergency arbitrator provisions. Arbitration is typically commenced by serving a notice of arbitration in line with the chosen institutional rules or the process agreed in the clause.
2. Tribunal constitution, jurisdiction and early case management
Tribunal constitution will follow the agreement or the default procedure in the governing rules or national law. Bangladesh’s statutory arbitration framework incorporates many UNCITRAL Model Law concepts; however, courts can play an active supervisory role. Early tasks for the tribunal include case‑management conferences, timetabling, and ruling on its jurisdiction (competence‑competence). Parties should be prepared for possible early court applications on jurisdiction in the High Court Division.
3. Evidence, hearings and award
Proceedings typically combine written submissions, witness statements, expert reports and, where necessary, an oral hearing. The tribunal is empowered to regulate evidence subject to agreed rules and national law constraints. Awards should be reasoned, signed and dated; the applicable statutory regime will set timeframes for rendering an award and for any applications to correct or supplement the award.
4. Court assistance, interim measures and enforcement
National courts commonly assist with service, taking evidence, and enforcement of interim measures. Parties seeking interim relief should consider whether to apply to the arbitral tribunal or to the courts (or both). Enforcement of domestic awards is through national courts; enforcement of foreign awards depends on applicable treaties and national implementing legislation and may attract judicial scrutiny on limited public‑policy or formal grounds.
Practical checklist for cross‑border parties
- Draft a clear arbitration clause: specify seat, rules, governing law and language.
- Consider institution vs ad hoc; provide for emergency arbitrator if time‑sensitive relief is needed.
- Identify local counsel early to navigate court assistance and any procedural particularities.
- Preserve documents and evidence with attention to disclosure rules and admissibility.
- Plan for enforcement: analyse assets, relevant recognition treaties and potential public‑policy issues.
- Assess timing: limitation periods and statutory timelines can affect strategy.
Jurisdiction and sources
Key primary materials and international instruments to consult include:
- Arbitration Act, 2001 (Bangladesh)
- Constitution of the People’s Republic of Bangladesh and the organisation of the Supreme Court (High Court Division and Appellate Division)
- Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
- UNCITRAL Model Law on International Commercial Arbitration
For practical strategy, parties should combine a review of the contract, the chosen seat rules and local implementing legislation. Where enforcement or interim relief is likely to be contentious, local procedural advice is essential. Our London team at Holborn Gate can coordinate cross‑border strategy and connect to specialist local counsel.
General information only; not legal advice and not a substitute for advice on a particular matter.
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