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UK INSIGHTS · ENGLAND & WALES

How to Enforce Foreign Law in Bangladesh in 2024

Practical guide for UK and international creditors on recognising and enforcing foreign judgments and arbitral awards in Bangladesh in 2024, with procedural highlights, common defences and a practical checklist.

How to Enforce Foreign Law in Bangladesh in 2024 — TRW & Co UK branch
TRW & Co · UK branch · London

From our London office at Holborn Gate, 330 High Holborn, WC1V 7QH, this note provides a high‑level overview for UK and international parties considering recognition or enforcement of foreign court judgments and arbitral awards in Bangladesh. It is designed for sophisticated readers who need a practical understanding of the legal framework and typical procedural steps.

Enforcement of foreign judgments in Bangladesh is governed primarily by domestic legislation and the courts’ supervisory jurisdiction. The Code of Civil Procedure, 1908 (CPC) sets out the key principles that determine when a foreign judgment can be considered conclusive and when it may be resisted. Arbitral awards are enforced under the relevant arbitration legislation and, where applicable, the New York Convention mechanisms to which Bangladesh is a party.

Common grounds for refusal

Bangladeshi courts will typically refuse recognition or execution of a foreign judgment where statutory exceptions are engaged. Typical grounds include:

  • lack of jurisdiction of the rendering court over the subject matter or the defendant;
  • judgment not given on the merits (e.g. default judgment where proper notice was not received);
  • inconsistent or conflicting earlier judgments between the parties;
  • fraud in obtaining the judgment; or
  • public policy considerations or where recognition would be contrary to fundamental legal principles of Bangladesh.

Parties should also be alert to limitation periods and any procedural preconditions in domestic law.

Practical steps to enforce — a checklist

  1. Confirm the nature of the instrument: court judgment, arbitral award, or settlement recorded before a foreign court.
  2. Obtain authenticated, certified copies and translations (if not in English) and ensure apostille or consularisation where required by local practice.
  3. Check jurisdictional and limitation issues early — establish that the foreign court had proper jurisdiction and that the claim is not time‑barred in Bangladesh.
  4. Assess defences available to the judgment‑debtor (service, fraud, public policy) and gather evidence to meet or rebut those defences.
  5. Commence recognition/execution proceedings in the appropriate Bangladeshi court, following procedural rules and local filing requirements.
  6. Consider interim enforcement measures (attachments, injunctions) where available and proportionate, mindful of potential local security requirements.
  7. Budget for a realistic timetable and potential appeals; discuss alternative dispute resolution or local settlement as parallel options.

Practical considerations for UK and international creditors

Enforcement in Bangladesh can be fact‑sensitive and sometimes slower than in common law jurisdictions in England and Wales. Early evidence collection, clear documentary proof of jurisdiction and service, and a tailored enforcement strategy (e.g. focusing on identifiable local assets) improve prospects. Where possible, consider contractual protections at the drafting stage: choice of governing law, arbitration clauses, and asset‑freezing clauses can reduce enforcement friction.

Jurisdiction and sources

  • Code of Civil Procedure, 1908 (Bangladesh)
  • Supreme Court of Bangladesh (High Court Division and Appellate Division) decisions and practice directions
  • Limitation Act, 1908
  • Ministry of Law, Justice and Parliamentary Affairs (Bangladesh) publications and official gazette
  • United Nations — New York Convention materials (where applicable to arbitral awards)

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

TRW & CO · UK BRANCH

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General information only; not legal advice and not a substitute for advice on a particular matter. The law and guidance can change, and Scotland and Northern Ireland may differ.