Arbitration in Bangladesh Webinar

On 20 June 2023 the SAARC Arbitration Council (SARCO) hosted a webinar titled “Arbitration in Bangladesh: Navigating the Legal Landscape and key institutional developments.” Representatives from our London office at Holborn Gate, 330 High Holborn, London, observed the webinar and prepared the following high‑level summary for international practitioners who handle cross‑border disputes involving Bangladesh-related parties or seats.

Event overview

The session provided a concise review of recent institutional and legislative developments affecting arbitration practice in Bangladesh, and examined the role of alternative dispute resolution (ADR) in resolving commercial disputes. Panel discussion points included the interaction between domestic courts and arbitral tribunals, institutional capacity, and efforts to promote arbitration as a dispute resolution mechanism in the jurisdiction. The webinar was aimed at legal professionals, arbitrators, academics and students.

Key themes and practical considerations

Speakers emphasised a number of themes relevant to cross‑border practitioners:

• Institutional evolution: institutional rules, case‑management capacity and administrative support for international arbitrations.
• Court engagement: the procedural interface between courts and arbitrators, including court assistance with evidence and interim relief in some circumstances.
• Enforcement and recognition: practical approaches to recognising and enforcing foreign awards, including treaty‑based mechanisms and domestic enforcement routes.
• ADR promotion: trends toward greater use of mediation and other ADR techniques as complementary dispute resolution tools.

Checklist for cross‑border practitioners

When preparing or advising on arbitration matters that involve Bangladesh as a seat, governing law, or respondent location, consider the following practical checklist:

• Confirm the arbitration clause: seat, governing law, institutional rules and scope of disputes covered.
• Assess enforcement mechanisms: treaty obligations (e.g. New York Convention), domestic enforcement processes and potential local hurdles.
• Consider interim measures: whether emergency relief will be sought from local courts or an arbitral tribunal, and the timing and enforceability of such measures.
• Identify local counsel and experts early: procedural practice, evidence gathering, service requirements and cultural considerations.
• Document management and disclosure: plan for witness evidence, translation needs and electronic document preservation.
• Evaluate ADR alternatives: whether mediation or settlement facilitation could provide a faster or more cost‑effective outcome.

Jurisdiction and sources

For authoritative information consult primary sources and institutions, such as:

• SAARC Arbitration Council (SARCO)
• Ministry of Law, Justice and Parliamentary Affairs (Government of Bangladesh)
• Supreme Court of Bangladesh
• United Nations Commission on International Trade Law (UNCITRAL)
• Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention)

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