Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)

TRW Law Firm is one of the pioneers in institutional arbitration and mediation in Bangladesh. The firm acted as legal counsel for some of the biggest victor claimants in arbitration awarded under the Bangladesh International Arbitration Centre (BIAC) rules. It also played a crucial role in some of the most significant mediations under BIAC. Over the past decade, TRW Law Firm has represented builders, landowners, financial institutions, central banks, and power sector companies across various ADRs, most notably in the construction, shipbuilding, trade, and information technology industries.

TRW Law Firm has been consistently ranked for its exceptional Dispute Resolution practice by international legal directories. Chambers and Partners 2024 Asia-Pacific Guide praised TRW Law Firm, stating:

“TRW Law Firm houses a well-regarded litigation practice in Bangladesh with significant experience in construction disputes. The team also assists clients with arbitration proceedings.”

Another client report highlights:

“Their team is excellent – always on time, very responsive, and precise.”

Accolades

• Ranked for Dispute Resolution for consecutive years (Chambers and Partners, 2021-2024).
• Recognized for General Business Law (Asialaw, 2021).
• Praised for delivering on time and offering actionable solutions (Chambers and Partners, 2018-2020).
• TRW Law Firm contributed a detailed write-up for Singapore Chamber of Maritime Arbitration (SCMA), titled “Overview of Bangladeshi Arbitration and Maritime Law,” reflecting its leadership in ADR.

Completed ADR Matters

Arbitration

Commercial and International Trade

1. Investment and M&A Disputes

• Represented a leading garment manufacturer in a complex investment and share acquisition dispute pending before an ad hoc arbitral tribunal formed by mutual agreement.
• Successfully defended a delay-in-supply dispute caused by COVID-19 lockdowns, determining force majeure, frustration, and damages claims involving electrical distribution materials.

1. Manufacture and Supply Contracts

• Advised a Thai-based LPG cylinder manufacturer on disputes arising from contract termination and supply chain interruptions.

1. Banking and Loan Recovery

• Represented a leading financial institution in execution proceedings involving recovery of multi-million-dollar loans awarded by a tribunal.
• Assisted in four arbitration cases for Infrastructure Development Company Limited (IDCOL), securing awards for dues recovery against defaulting parties.

1. Taxation and VAT Disputes

• Successfully resolved VAT claims filed by the National Board of Revenue (NBR) in favor of a leading food manufacturer, reducing a significant tax demand through ADR mechanisms under the VAT Act.

Investment Arbitration

1. Acted as lead counsel for a Japanese investor in Bangladesh’s first-ever BIAC arbitration, involving leasehold acquisition in an Export Processing Zone (EPZ). The award was delivered in favor of the claimant.
2. Assisted Maruhisa Pacific Co. Ltd., a multinational investor, in enforcing arbitral awards through local courts.

Information Technology

1. Successfully filed appeals before the Central Procurement Technical Unit (CPTU) for a prominent IT solutions provider in a government procurement dispute.

Mediation

1. Appointed as a mediator by BIAC for resolving disputes between a leading private bank and multiple borrowers, successfully facilitating settlements.
2. Led the first-ever mediation under BIAC rules involving disputes between shareholders of a local company.

Mutual Consultation and Negotiation

1. Represented the Bangladesh Central Bank in a high-profile negotiation involving a million-dollar dispute over the implementation of a national payment switch with a Singaporean IT company.
2. Assisted in out-of-court settlements for multiple admiralty disputes and complex construction claims involving multinational stakeholders.

Practice Guide to ADR in Bangladesh

Arbitration in Bangladesh

Arbitration in Bangladesh has gained prominence as a reliable alternative to litigation, particularly for commercial and construction disputes. The Arbitration Act 2001 governs domestic and international arbitration proceedings, allowing for binding awards that can only be challenged on limited grounds, such as fraud, bias, or breach of natural justice.

Local Arbitration

• Institutional arbitration through platforms like BIAC is increasingly popular, while ad hoc arbitration remains a common practice for resolving disputes.
• TRW Law Firm has been instrumental in challenging irregular tribunal decisions. In one notable case involving Metro Homes Ltd vs. Rahimuddin Developers, the court upheld the reconstitution of an arbitral tribunal while maintaining procedural continuity.

International Arbitration

Bangladesh is a signatory to the New York Convention (1958), ensuring the recognition and enforcement of foreign arbitral awards.

Mediation

Mediation is a flexible, cost-effective, and private ADR process where a neutral third-party mediator assists disputing parties in reaching a mutually agreeable resolution. Under Section 89A of the Code of Civil Procedure, courts in Bangladesh are mandated to encourage mediation before proceeding to trial.

TRW Law Firm has successfully mediated disputes involving:

• Shareholder disagreements in private companies.
• Loan default negotiations between banks and corporate borrowers.
• Construction and commercial disputes.

Negotiation and Mutual Consultation

Negotiation and mutual consultation are statutory ADR methods often employed to resolve commercial disputes without formal adjudication. TRW Law Firm has facilitated negotiations in:

• High-stakes financial disputes for central banks.
• Land ownership and transaction disagreements.
• Mutual settlements for shipping and logistics disputes.

TRW Law Firm’s ADR Expertise

Why Choose TRW Law Firm for ADR

1. Track Record of Success: From Bangladesh’s first arbitration under CIETAC to resolving 17 million+ dollar disputes, TRW Law Firm has a proven record of delivering favorable outcomes.
2. Experienced Leadership: Led by experienced arbitrators and mediators, including CEDR-accredited mediators and Fellows of international arbitration institutions.
3. Strategically Located Offices: TRW Law Firm’s offices in different parts of Bangladesh and around the globe ensure accessibility and rapid response for ADR matters.
4. Client-Centric Approach: Focused on timely resolution and cost-effectiveness, delivering results tailored to client objectives.

For ADR matters, TRW Law Firm stands as a trusted name in Bangladesh, combining global standards with local expertise to deliver unparalleled dispute resolution services.