Our London office at Holborn Gate, 330 High Holborn, London, WC1V 7QH, regularly advises international clients on dispute resolution strategy in jurisdictions across South Asia. This note provides a concise, practice-focused overview for parties contemplating arbitration in or against counterparties in Bangladesh. It is intended for a sophisticated UK and international audience evaluating seat selection, enforceability and procedural risks.

Legal framework and choosing the seat

Arbitration in Bangladesh is governed by statutory provisions and relevant international instruments. Distinguish carefully between the seat of arbitration (which determines the supervisory court and applicable procedural law) and the physical venue. Selecting Bangladesh as the seat places important supervisory rights with the local courts; many international parties therefore elect an internationally neutral seat while holding hearings in Bangladesh if needed for convenience.

Enforcement and public policy considerations

Recognition and enforcement of foreign awards will typically be tested against domestic statutory requirements and public policy. Where a jurisdiction has acceded to the New York Convention, enforcement mechanisms follow that treaty framework, subject to the courts’ interpretation of public policy and procedural prerequisites. In cross-border disputes consider the ease of enforcement of both interim measures and final awards in the jurisdictions where assets are located.

Practical conduct — drafting and process

Key practical considerations for international contracts that may have disputes connected to Bangladesh include:

• Clear choice of seat and governing law; if choosing a Bangladeshi seat, include express provisions on the extent of court intervention and finality of awards.
• Institutional versus ad hoc arbitration: institutional rules provide administrative support and rules on emergency relief; ad hoc may be cheaper but requires careful procedural drafting.
• Arbitrator appointments: specify qualifications, number and default appointment mechanisms to reduce risks of delay or challenges to jurisdiction.
• Interim measures: address whether parties may seek interim relief from local courts and whether the tribunal has power to grant similar relief.
• Language, seat logistics and hearing venues: set the language of proceedings, documental disclosure regimes and approach to witness testimony.

Practical checklist before proceeding

1. Confirm whether the intended seat has treaty relationships (e.g. New York Convention) with jurisdictions where enforcement is required.
2. Decide governing law and ensure arbitration clause is valid and enforceable under that law.
3. Consider institutional rules (ICC, LCIA, SIAC and local centres) and procedures for expedited or emergency arbitrator appointment.
4. Plan for interim relief: determine whether to seek relief from local courts or tribunal and the timing/strategy for enforcement.
5. Budget for cost and timeline contingencies, including potential court involvement in challenge or enforcement proceedings.

Jurisdiction and sources

• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958)
• UNCITRAL — Model Law on International Commercial Arbitration and related materials
• Ministry of Law, Justice and Parliamentary Affairs (Government of the People’s Republic of Bangladesh)
• Relevant national legislation and reported decisions of the Bangladesh Supreme Court

For complex cross-border disputes it is common to combine seat selection, choice of institutional rules and tailored interim relief provisions to balance enforceability and procedural efficiency. Local counsel input on court practice, timescales and enforcement patterns is essential when disputes may involve assets or parties in Bangladesh.

General information only; not legal advice and not a substitute for advice on a particular matter.