TRW & Co · Disputes and arbitration
Enforcing a London Arbitration Award in Bangladesh
If your question is "enforce arbitration award Bangladesh", the answer is yes: a London award can be enforced in Bangladesh under the New York Convention and sections 45 and 46 of the Arbitration Act, 2001. The District Judge treats it as a decree without reviewing the merits, and a July 2026 High Court Division ruling confirms the grounds for refusal are narrow.
Key pointThe law in Bangladesh now clearly favours award holders, but the leading 2026 decision came roughly eight years after execution began; tracing assets early and using English interim relief matter more than any argument about the grounds for refusal.
At a glance
New York Convention
Bangladesh acceded to the New York Convention in 1992, so a London-seated award is a Convention award enforceable in Bangladesh under the Arbitration Act, 2001.
Sections 45 and 46
Section 45 provides for enforcement as a decree on filing the authenticated award and arbitration agreement; section 46 lists the limited grounds for refusal.
No merits review
In July 2026 the High Court Division held that enforcing courts cannot reappraise an award’s merits or annul a foreign award; only section 46 grounds count.
Appeal to the High Court
An order refusing enforcement can be appealed to the High Court Division under section 48 of the Arbitration Act, 2001.
Interim relief is limited
Bangladeshi courts have been restrictive about interim measures for foreign-seated arbitrations before an award, so English court and emergency arbitrator relief matter.
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The short answer to "enforce arbitration award Bangladesh"
UK and international parties often put the question to us in four words, "enforce arbitration award Bangladesh", and what they want to know is whether a London award can actually be collected in Dhaka. It can. Bangladesh is a party to the New York Convention, and sections 45 and 46 of its Arbitration Act, 2001 give a foreign award holder a direct route to enforcement through the District Judge's court, with only narrow grounds for refusal.
The award is enforced as if it were a decree of the Bangladeshi court. The court does not review whether the arbitrator got the facts or the law right. It asks only whether the party resisting enforcement has proved one of the limited statutory grounds, such as invalidity of the arbitration agreement, lack of proper notice, excess of jurisdiction or conflict with public policy.
In July 2026 the High Court Division of the Supreme Court of Bangladesh reaffirmed that approach in a case concerning a London award, overturning a District Judge who had reopened the merits. The law is supportive. The practical challenge, as that case shows, is time.
The legal framework
The New York Convention
Bangladesh acceded to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1992. The UK is also a party. An award made in London is therefore a Convention award in Bangladesh, and Bangladeshi courts have described the enforcement provisions of the 2001 Act as substantially incorporating the Convention regime.
The Arbitration Act, 2001
The 2001 Act replaced Bangladesh's older arbitration legislation and is based largely on the UNCITRAL Model Law. Section 3(2) extends specified provisions to arbitrations seated outside Bangladesh, including the enforcement provisions. Section 45 governs recognition and enforcement of foreign awards, section 46 sets out the grounds on which enforcement may be refused, and section 48 provides for appeals to the High Court Division.
Under section 45(2), the applicant files the award, duly authenticated, the arbitration agreement and evidence that the award is a foreign arbitral award. The High Court Division has confirmed that the Act does not require separate recognition and execution proceedings: one properly constituted execution case is enough.
English law at the seat
For a London-seated arbitration, the Arbitration Act 1996 governs the procedure and any challenge in England. It was amended by the Arbitration Act 2025 for arbitrations commenced on or after 1 August 2025, including a new default rule that, absent express agreement, the law of the seat governs the arbitration agreement. Our guide to the Arbitration Act 2025 explains the changes.
The 2026 High Court Division decision
In South Express Ltd v Madina Enterprise (Arbitration Appeal No. 08 of 2025), judgment delivered on 9 July 2026, the High Court Division considered a London award arising from a vessel sale agreement. The respondents had failed to appoint their arbitrator, so a sole arbitrator acted under section 17 of the English Arbitration Act 1996. The award, made in November 2015, was never challenged in England.
The award holder began execution proceedings before the District Judge, Dhaka in 2018. In January 2024 the District Judge declined enforcement and purported to annul the award, finding that the arbitrator had made mistakes of fact and law. The High Court Division allowed the appeal. It held that:
- proceedings under sections 45 and 46 are not an appeal against the award, and the court cannot reappraise its merits;
- the section 46 grounds are limited and exhaustive and must be construed narrowly, consistently with the New York Convention;
- a Bangladeshi court has no supervisory power to set aside a foreign award; and
- the award was entitled to recognition and enforcement, was to be treated as a decree, and the execution case was restored.
For anyone weighing the "enforce arbitration award Bangladesh" question, the decision is strong authority for award holders. It also illustrates the timetable risk: around eight years passed between the start of execution and the appellate ruling.
The District Judge in that case treated the award as if it were under appeal. If you face the same approach, keep returning the court to the statutory question: which section 46 ground has the debtor proved? Put the High Court Division's 2026 reasoning before the court at the outset, and make sure the file shows the debtor's notice of the arbitration and the absence of any challenge at the seat. Those two facts answered most of the objections raised in Dhaka.
What the decision means for UK award holders
Three lessons follow. First, a London award that was never challenged in England is in a strong position in Bangladesh, even if the debtor did not take part in the arbitration. Second, the enforcing court's job is to apply the statutory grounds, and an appeal under section 48 is an effective corrective when a first-instance judge goes further. Third, a creditor should start the Bangladeshi process as soon as the award is final and run asset tracing in parallel, rather than waiting for the debtor to pay voluntarily. Delay rarely improves recovery prospects, and assets can move in the meantime.
Grounds for refusing enforcement
Section 46 follows the New York Convention model and mirrors the grounds for setting aside a domestic award. The party resisting enforcement bears the burden of establishing a ground. In summary, the grounds cover:
- incapacity of a party, or invalidity of the arbitration agreement under its governing law;
- lack of proper notice of the arbitrator's appointment or the proceedings, or inability to present a case;
- an award dealing with matters outside the submission to arbitration;
- an award that has been set aside at the seat;
- a subject matter that cannot be settled by arbitration under Bangladeshi law;
- an award that conflicts with the laws of Bangladesh; and
- conflict with the public policy of Bangladesh, including awards induced by fraud or corruption.
How wide is the public policy ground?
Public policy is the ground most often raised. Bangladeshi appellate courts have treated it as a narrow exception aimed at awards that are patently illegal or that shock the conscience of the court, not awards a judge simply disagrees with. In the July 2026 decision, the High Court Division rejected an attempt to recast alleged errors of fact and law as public policy violations. A debtor needs to show something more fundamental, such as fraud, corruption or a breach of a basic principle of Bangladeshi law.
What if the debtor says it never agreed to arbitrate?
Disputes about whether an arbitration agreement exists or binds the debtor are common, especially where contracts were signed by agents, amended by email or assigned. Keep the signed contract, any addenda and correspondence showing the debtor's acceptance. If the debtor took part in the arbitration without objecting to jurisdiction, record that in the award. Under English law, a party that participates without objecting may lose the right to challenge jurisdiction later, and that history is persuasive in Bangladesh too.
What if the debtor ignored the arbitration?
A debtor that refuses to participate cannot later complain about a process it chose to ignore, provided it had proper notice. The tribunal should record each notice, the method of delivery and the opportunity given to respond. In the 2026 case, the respondents had been notified, failed to appoint an arbitrator and did not challenge the tribunal's jurisdiction before the English court, which counted heavily against their objections in Dhaka.
Can the debtor challenge the award in Bangladesh instead of London?
No. The seat's courts have exclusive supervisory jurisdiction over a foreign-seated award. The High Court Division confirmed in 2026 that a Bangladeshi court cannot annul a London award; it can only refuse to enforce it on a section 46 ground. A debtor that wants the award set aside must apply to the English courts within the strict time limits under the Arbitration Act 1996. If an award is set aside at the seat, it will not be enforced in Bangladesh.
Step-by-step enforcement process
- Secure the award. Obtain the signed award and a properly authenticated copy, and confirm that no challenge is pending in England or that the time for one has passed.
- Assemble the section 45(2) file. Include the authenticated award, the arbitration agreement and evidence that the award is foreign. Award and agreement in English simplify matters.
- Legalise the documents. Arrange authentication for use in Bangladesh; see our guide to legalising UK documents for Bangladesh.
- Trace assets. Identify bank accounts, land, receivables and shareholdings, and consider any interim protection available.
- File the execution case. Apply to the District Judge with jurisdiction, in practice usually in Dhaka, for enforcement of the award as a decree.
- Answer objections. Confine the debate to the section 46 grounds and resist any attempt to reargue the merits.
- Appeal if needed. An order refusing enforcement can be appealed to the High Court Division under section 48.
- Execute and remit. Attach and realise assets under the Code of Civil Procedure, then remit the proceeds abroad through an authorised dealer bank in line with Bangladesh Bank's foreign exchange rules.
Interim relief and asset protection
A 2004 amendment to the 2001 Act gave Bangladeshi courts power to grant interim measures, but courts have taken a restrictive view of using it in support of a foreign-seated arbitration before an award is made. Interim relief has been treated as more readily available once enforcement proceedings are under way. Do not assume a Dhaka court will freeze assets while a London arbitration is pending.
The better tools are usually in London. Under section 44 of the Arbitration Act 1996, the English court can grant interim injunctions in support of an arbitration, including freezing orders, and the LCIA and other institutions offer emergency arbitrator procedures. An English freezing order does not bind a Bangladeshi bank directly, but it acts on the respondent personally and can produce disclosure of assets worldwide. Our guide to the freezing injunction explains how these orders work.
Awards compared with English judgments
| Issue | London arbitration award | English court judgment |
|---|---|---|
| Legal basis in Bangladesh | Arbitration Act, 2001, sections 45 and 46; New York Convention | Code of Civil Procedure, sections 13 and 44A, or a suit on the judgment |
| Treaty support | Both countries are New York Convention parties | Depends on Bangladesh's reciprocating-territory notification |
| Merits review | None; limited section 46 grounds | None; limited section 13 exceptions |
| Default outcomes | Award after a tribunal considers the claim is generally enforceable if notice was proper | Default judgments may be attacked as not given on the merits |
| Appeal route in Bangladesh | Section 48 appeal to the High Court Division | Ordinary appeals in execution or suit proceedings |
| Confidentiality | Arbitration is private, though enforcement filings are public | Court proceedings are generally public |
For many contracts with Bangladeshi counterparties, London arbitration offers a more reliable route than litigation. Our guide to how to enforce a UK judgment in Bangladesh sets out the court route in more detail.
Illustrative scenario
This scenario is illustrative only and does not describe any real client or matter.
A UK commodities trader holds an LCIA award against a Bangladeshi buyer for unpaid cargo. The buyer took no part in the arbitration and now argues in Dhaka that the award is contrary to public policy because the price was excessive.
The trader's advisers confine the argument to section 46. They show the buyer received each notice, never challenged jurisdiction in London, and allowed the time for a challenge in England to expire. A complaint about price is a complaint about the merits, not public policy. Meanwhile, they use disclosure from English proceedings to identify the buyer's receivables from local customers and seek attachment once the award is treated as a decree. The "enforce arbitration award Bangladesh" question is answered by the law in the trader's favour; the work lies in the execution.
Drafting tips and checklist
The best time to think about the "enforce arbitration award Bangladesh" problem is when the contract is drafted. A clear London seat, a named institution such as the LCIA, an express governing law for the arbitration agreement, and correct signature by authorised officers remove the most common objections before they arise. Our guide to English law in Bangladesh contracts covers the wider drafting points.
Think about the counterparty too. Contract with the entity that actually holds assets in Bangladesh, not a thinly capitalised trading vehicle, and consider guarantees from a parent or principal that are also subject to the arbitration clause. An award against the wrong company is enforceable but worthless.
Enforce arbitration award Bangladesh checklist
- Confirm the seat, institution and governing law of the arbitration agreement in the contract.
- Keep proof of every notice served during the arbitration.
- Ask the tribunal to record the respondent's participation or failure to participate.
- Check that no challenge is pending in England before filing in Dhaka.
- Prepare an authenticated award, the arbitration agreement and evidence of the award's foreign character.
- Trace assets early and consider English interim relief.
- Budget for objections and a possible appeal, and plan the remittance of proceeds.
TRW & Co's London office conducts international arbitration and works with our Dhaka team on Bangladesh-related arbitration in London and UK–Bangladesh disputes. Where advocacy in the higher courts is required, we instruct specialist counsel. If you need to enforce an award or are drafting a dispute clause, contact us.
Frequently asked questions
01Is a London arbitration award enforceable in Bangladesh?
Yes. Bangladesh and the UK are both parties to the New York Convention, and Bangladesh’s Arbitration Act, 2001 provides for recognition and enforcement of foreign awards under sections 45 and 46. The award holder files an execution case with the authenticated award, the arbitration agreement and evidence that the award is foreign. If no section 46 ground is proved, the court enforces the award as if it were a decree of a Bangladeshi court.
02Which court enforces a foreign arbitral award in Bangladesh?
Applications are made to the District Judge, and in practice enforcement of foreign awards is commonly handled in Dhaka. In the 2026 case of South Express Ltd v Madina Enterprise, for example, execution was brought before the District Judge, Dhaka. An order refusing enforcement can be appealed to the High Court Division of the Supreme Court under section 48 of the Arbitration Act, 2001. Take local advice on the correct court for your award and the debtor’s assets.
03Can a Bangladeshi court refuse to enforce an award because the arbitrator was wrong?
No. In July 2026 the High Court Division held that proceedings under sections 45 and 46 are not an appeal against the award. The enforcing court cannot reappraise findings of fact, contract interpretation or legal conclusions. It may refuse enforcement only if one of the limited section 46 grounds is established, such as invalidity of the arbitration agreement, lack of proper notice, excess of jurisdiction, non-arbitrability or conflict with public policy, which must be construed narrowly.
04How long does enforcement of an award take in Bangladesh?
There is no statutory timetable, and contested cases can be slow. In the leading 2026 decision, execution began in 2018, the District Judge refused enforcement in 2024 and the High Court Division allowed the appeal in July 2026. Uncontested applications move faster. Preparing a complete section 45 file, confining objections to the statutory grounds and identifying assets early all reduce delay, but award holders should budget for objections and a possible appeal.
05Can I get a freezing order in Bangladesh while a London arbitration is pending?
It is difficult. Bangladesh’s Arbitration Act was amended in 2004 to give courts power to grant interim measures, but courts have taken a restrictive view of using it to support foreign-seated arbitrations before an award. The English court can grant interim injunctions, including freezing orders, in support of a London arbitration under section 44 of the Arbitration Act 1996, and institutional rules offer emergency arbitrators. Those orders act on the respondent personally rather than binding Bangladeshi banks directly.
06What if the award has been challenged in England?
A Bangladeshi court will not enforce an award that has been set aside or suspended by the courts of the seat, and it may wait while a challenge is pending. Conversely, Bangladeshi courts cannot set aside a London award themselves; only the English courts can, within the strict time limits under the Arbitration Act 1996. Before filing in Dhaka, confirm that no challenge is pending in England or that the time for one has expired.
Sources and official materials
- South Express Ltd v Madina Enterprise, Arbitration Appeal No. 08 of 2025 (HCD, 9 July 2026) — Supreme Court of Bangladesh judgment on enforcing a London award under sections 45 and 46
- Arbitration Act 1996 (UK) — Law governing London-seated arbitrations, including court support and challenges
- Arbitration Act 2025 (UK) — Amendments for arbitrations commenced on or after 1 August 2025
- London Court of International Arbitration — Institutional rules and emergency arbitrator procedures
- Code of Civil Procedure, 1908 (Bangladesh) — Execution procedure applied once an award is treated as a decree
- Bangladesh Bank FEPD-1 Circular No. 40 (30 September 2026) — Foreign exchange rules on remitting funds abroad
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.