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Arbitration & Mediation

Arbitration

Arbitration decides a dispute privately, before a tribunal the parties choose, with an award that is enforceable. We advise on arbitration clauses, conduct arbitrations, and handle the court applications that surround them. Our principal is an accredited arbitrator.

Arbitration Act 2001Enforcement of foreign awards
Illustration of a table with two empty chairs and a balance scale, for arbitration and the salishnama in Bangladesh

Arbitration under the Arbitration Act 2001

We act in domestic and international commercial arbitration under the Arbitration Act 2001: drafting and advising on arbitration clauses, appointment of arbitrators, conducting the reference, and the court applications that go with arbitration, including interim measures, challenges to awards and enforcement.

Before the dispute: the clause

Most arbitration problems are created in the contract. A clause that does not state the seat, the number of arbitrators, the language and the appointing mechanism produces a fight about procedure before anyone reaches the merits. We draft clauses that work, and review the ones you are asked to sign.

Conducting the arbitration

We run the reference: pleadings, documents, evidence and hearing. Arbitration is often faster and more private than court, but it is not automatically cheaper, and we are straight with clients about that.

The role of the court

Courts support arbitration rather than replace it: interim measures to preserve assets or evidence, assistance with appointment, and enforcement of the award. An award can also be challenged, but only on the limited grounds the Act allows, not because a party dislikes the result.

If your contract has an arbitration clause, going to court on the merits usually fails. Check the clause before you file anything. Equally, if you are drafting a contract now, an hour spent on the arbitration clause saves months later.

What helps

  • The contract and its arbitration clause
  • Correspondence about the dispute and any notice of arbitration
  • The documents supporting the claim or defence
  • Details of assets, if interim protection may be needed

Where it is heard, and how long it takes

The arbitration is conducted before the tribunal the clause provides for, with supporting applications to the court under the Arbitration Act 2001. A straightforward domestic arbitration can conclude in months; complex or international references take longer. Enforcement of the award is a separate step.

Illustration representing commercial arbitration
How an arbitration runs
1

Read the clause

We confirm the dispute is arbitrable and identify the seat, tribunal and procedure.

2

Commence and constitute

We serve the notice of arbitration and deal with appointment of the tribunal.

3

Run the reference

We prepare the pleadings, evidence and hearing and argue the case.

4

Enforce or resist the award

We enforce the award, or challenge it on the limited statutory grounds.

An hour spent on the clause saves months later.Book a Consultation

Read the free guides first

Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.

Common questions

Is arbitration cheaper than court?

Not always. It is usually faster and more private, and you choose the tribunal, but you also pay the arbitrators and the venue. We give you a realistic comparison for your dispute rather than a slogan.

Can I appeal an arbitration award?

There is no general appeal on the merits. An award can be set aside only on the limited grounds the Arbitration Act 2001 provides, such as lack of jurisdiction or serious procedural unfairness.

Can a foreign award be enforced in Bangladesh?

Yes, through the framework the Arbitration Act 2001 provides for foreign awards, subject to the limited grounds on which enforcement can be refused.

How do I write an arbitration agreement (salishnama)?

It must be in writing and signed by the parties. It should name the disputes covered, the number of arbitrators and how they are appointed, the seat, the language and the rules (for example BIAC). A vague clause leads to court applications later.

Is a village salish the same as arbitration?

No. A village shalish is informal and its decision is not enforceable as a decree. An award under the Arbitration Act 2001 is enforced like a court decree. Small local disputes covered by the Village Courts Act go to the Village Court.

Arbitrate, or fix the clause first

Advice on clauses, conduct of references, and enforcement. A written assessment costs nothing.

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