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DHAKA: House 410, ROAD 29, Mohakhali DOHS
DUBAI: Rolex Building, L-12 Sheikh Zayed Road
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Comprehensive Guide for Purchasing Land in Bangladesh

Comprehensive Guide for Purchasing Land in Bangladesh

Purchasing Land in Bangladesh in 2023

Whoever has ownership rights of immovable property and is recorded as such in records of rights or other public documents in which a record of ownership is entered or maintained is regarded as the legal owner of immovable property and has the right to transfer such property in whole or in part.

Even if a person is not the owner of immovable property, but is legally authorized by the owner to transfer it, that person may also transfer the property.

Possessors of immovable property may assert ownership of the property, but mere possession of an immovable property does not make a person the property’s true owner.

As you are no doubt aware, title to immovable property can be acquired via purchase, long-term lease, gift, inheritance, etc. To determine the real owner in possession who can sell the property, it is essential to examine records of rights or other public documents in which ownership information is recorded or maintained.

Confirm the rights record with the Land Office

The land administration system in Bangladesh segregates ownership records and revenue records. We have Land Records Offices for land records, surveys, publication, and record maintenance under the Ministry of Land’s directorate of land records and survey.

Land Revenue Offices exist in Bangladesh under the Ministry of Land. Each subdistrict (upazila) contains eleven administrative offices. Bangladesh has 64 districts, but only 61 of them have registration facilities.

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Three of the hill districts lack registration centers. Under the Ministry of Law, the district land registration office in Dhaka has thirteen Sub-registrar offices.

Check and verify the Bia Deeds, Khatiayans, and Mutations in favor of the Seller.

If the present Seller acquired the land through a Purchase, the present purchaser must first examine all such Sale Deeds (Bia Deed) to determine the land’s chain of ownership, with a minimum of 25 years’ worth of chain of ownership preferably being determined.

The second step involves requesting documents in Khatain format from the Seller. The buyer must examine the Khatiayan records (C.S., S.A. R.S., B.S./City Jarip) provided by the seller and confirm with the seller’s attorneys whether the supplied documents establish the seller’s ownership (either through purchase or inheritance).

Draft/Khosra Khatiyan provided by the seller is ineligible for record verification; purchasers should request copies of certified/printed Khatiyan.

In addition to comparing the Khatiyan to the records at the Deputy Collectors Office, the buyer should verify the Khatiyan with the records at the Deputy Collectors Office. Particular emphasis should be placed on the last two Khatiyan of the relevant property.

Is the acquisition of land in Bangladesh a wise investment?

According to a popular saying, land is one of the safest investment options, especially in Bangladesh. While the rate of inflation is rising and the value of currency is falling, investing in a tangible asset such as land in such a populated country is rationally a wise decision. However, this investment also depends on a number of variables.


Location plays a significant role in the overall ROI of land acquisition.

A simple illustration will make it clear. A survey reveals that the price of land per katha in the Gulshan region increased by more than 1,036% between 1990 and 2010. And the situation is comparable in urban areas across the nation.

Compare stocks and bonds to determine the best investment opportunity.

Zoning Regulations

The cost of land depends on zoning regulations as well. There may be zoning regulations for commercial, residential, and office spaces, for instance. Some areas may be zoned against the development of new structures. Before purchasing land, it is vital to examine the zoning regulations.

Upfront Price

Land acquisition is not like any other transaction. The upfront costs associated with the survey, registration, and taxes should be factored into the total investment decision.

Long-Term Expenditure

Buying land as an investment is a long-term endeavor. The value of land does not increase overnight. It could be years or decades before there is a significant value increase. Therefore, long-term commitment should also be taken into account when investing in land.

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Considerations Before Purchasing Land

Prior to purchasing land, there are numerous factors to consider. Aside from standard pricing and market overviews, a buyer of immovable property, such as land, should consider several ownership and transfer of ownership factors.

Rights/Ownership Rights Document

Multiple government documents issued by the land office under the Ministry of Land establish land ownership. These documents are the legal tender that verify ownership and the ability to transfer ownership to another individual.

Which is the Better Investment Option: Land or an Apartment?

A land attorney should review the pertinent documents to ensure that no fraudulent activities are associated with the property.

Sales Deed

The sales deed is the document that outlines the land’s ownership through the generations. The detailed sales deed can be found at the local sub-registry office. A certified copy of the sales deed can be obtained by paying the government-mandated fees.

At least ten to twenty-five years of sales deeds should be reviewed to ensure that there are no land ownership issues. In the event of an inheritance, the inheritance deed (“Bontonnama”) must also be examined.

Apartment Purchasing Mistakes to Avoid to Protect Your Investment


The “Khatiyan” and the “Porcha” are the land authority’s records of rights against the land’s actual ownership. The Khatiyan or Porcha should be compared to the sales deed in order to determine the legitimacy of the land’s ownership.

There are two types of Khatiyan: certified and draft. It is preferable to avoid a Khatiyan draft.

Land Regulation (Khas/Auctioned/Unauthorized)

The local land office (Tohsil) should also have information regarding whether or not the land has previously been auctioned. In such cases, Section 7 of the Government Claims Act of 1993 can prohibit the purchase or sale of such land.

If the land was ever put up for auction, the auction details can be found in the Khatiyan’s footnote.

A prospective purchaser should also determine if the land is “Khas” or unapproved. Numerous lands are Khas (government-owned), abandoned, unapproved, or acquisition-approved. Occasionally, individuals with forced acquisition (“Dokhol”) attempt to sell these lands as genuine Khatiyan cleared lands.

The land condition information is also available at the DC office for a nominal fee. Any land that falls into any of the aforementioned categories should be avoided at all costs.


DAG is the land office registry of the land area under the record of rights’ ownership. A prospective purchaser should compare the DAG size listed in the property records with the property’s square footage.

Legal Issues

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Additionally, the property should be cross-checked to determine whether or not it has ongoing legal issues. If there is a building on the land in question, its construction documents and permits should also be examined to determine whether they comply with the regulations.

Transferable Duties

There are numerous expenses associated with the property transfer. Obtaining the non-encumbrance certificate is the primary prerequisite for initiating the process of transferring the property.

After that, a legal stamp outlining the transfer of the property should be signed. This stamp is typically worth 3% of the property’s value. The property must then be registered with the sub-registry office under the new owner.

As soon as possible, the Khatiyan, Porcha, and sales deed should be updated to prevent any future issues with the transfer. This will ensure that there are no legal complications when the land is resold.

Physical Land Survey

Most importantly, the Purchaser must conduct a physical land survey. This will also provide current conditions and confirm ownership of the property.

Verification of Ground Rate Payment for the Property

Additionally, the Purchaser should request from the Vendor proof of current Ground Rent payment for the prospective property. Notably, if the Ground Rate is ambiguous, the sub registrar’s office may refuse to register the property in the seller’s name.

Multiple Vendors

If land is recorded in the seller’s predecessor’s name, a Warishan certificate issued by the local government’s representative in favor of the seller must be verified.
In addition, Registered Deed of Partition/Bia Deed must be verified if the land is sold by some of the successors but not all.
If the land is sold by an authorized representative, a Registered Power of Attorney is necessary.

Obtain the certificate of no encumbrance from the appropriate sub-registry office

The purchaser must verify the land’s legal status (mortgage, lease, or ownership) at the relevant Sub-registry office. Since January 2012, both Sub-registry and Land Revenue Offices issue certificates of no encumbrance. Occasionally, a land report is required.

A land report provides information regarding the current status and ownership of the land, which may include the chain of ownership, land tax, land record, registry status, etc., whereas a non-encumbrance certificate is used in real estate transactions as evidence of the property’s ownership.

Prepare transfer deed and pay stamp duty

The transfer deed may be drafted by an attorney, but it may also be drafted by the parties themselves. The deed must be prepared on stamped paper, which should cost three percent of the property’s value. This represents the tax on stamps. Additionally, any Baina Deed executed between a seller and a buyer must be registered.

At a designated bank, pay capital gains tax, registration fee, VAT, and other taxes.

The registration fee must be paid to the bank in favor of the sub-registry office, and the receipt must be presented at the time of application.

The purchaser is responsible for remitting the local government tax to the appropriate city corporation or municipality office. In addition, a capital gains tax (CGT) and a value-added tax (VAT) of 1.5% (applicable only for municipal corporation area and payable by private housing and apartment developers and commercial businesses) must be paid at this point. The capital gains tax does not apply to agriculture in rural areas.

Submit an application for registration at the appropriate Sub-registry:

At this point, the purchaser may submit an application for registration at the relevant Sub-Registry Office, along with receipts for payment of registration and other fees. Within one week, a certified registration document is obtained for the buyer’s files. Obtaining the original sale deed or certificate takes approximately six months.

Register the transfer with the Land Revenue Office:

The transfer of property must be recorded with the Land Revenue Office. The property is recorded under the new owner’s name, and he or she is responsible for paying the land taxes as of the date of transfer.

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It is necessary to submit a property-specific application to the applicable AC. The assistant commissioner will forward the request to the relevant Tahsil office, which will conduct the necessary survey and provide a report to the assistant commissioner of land.

AC Land will issue Mutation Khatiyan in the name of the new owner along with a Duplicate Carbon Receipt (DCR) upon approval of the report.

In the application form, the applicant must include their names and addresses, a detailed description of the land and its surrounding boundary, the land’s size, nature, and identification, as well as the registered deed number and registration date.

In addition, the applicant must include a copy of the main deed, a copy of the via deed, a copy of Khatiyan, a receipt for payment of land development tax, proof of means to acquire ownership, i.e. partition deed, a copy of the decree or judgment obtained from the competent court (if any), a passport-sized photograph of the applicant, etc.

It is important to note that neither a middleman nor additional funds are required for land mutation. However, the entire mutation process must now be completed within 60 days in metropolitan areas and 45 days in all other regions.

If the AC (Land) refuses to change the applicant’s name due to a lack of documents or for any other reason, the applicant may appeal to the Additional Deputy Commissioner (Revenue) within 30 days of the refusal. However, anyone can appeal the Additional Deputy Commissioner’s decision to the Additional Divisional Commissioner (Revenue) within the next 30 days.

Finally, the complainant has another opportunity to appeal a questionable order issued by its immediate superior authority to the Land Appeal Board within ninety days. A person may also submit a request for review within 30 days of the date of the initial denial, but in that case, the right to appeal is lost.

Including the Land in the most recent survey (B.S./City jarip)

The purchased land should, if possible, be recorded under the most recent survey (i.e. B.S. Jarip or City Jarip) if these surveys are being conducted in the area where the land is located in the name of the current owner.
Additional requirements for Certain Land Types (Waqf, Lease, Khas Land)

  1. Transferring or mortgaging Waqf property requires the prior approval of the Waqf Administrator, and the Sale Deed must be executed by an authorized Mutawalli.
  2. Whenever a Lease property from RAJUK/CDA (Rajdhani Unnayan Kartripakkha) is transferred, the Ministry of Housing & Public Works must grant permission.
  3. Regarding Khas land, neither sale nor mortgage are permitted. Before purchasing any type of land, it must be determined whether the land is Khas land or not.
  4. In the case of Shikosthi Jorip (river-eroded land), it is extremely challenging to obtain mutation of that land. Therefore, it must be determined whether or not the land falls under Shikosthi Jorip.

From the Tohasil office/Upazila Land office, the buyer must determine whether the land’s certificate is being litigated or whether the land has been auctioned. The buyer must keep in mind, however, that Section 7 of the Government Payment /Claim Act of 1993 states that the property listed on the certificate is not eligible for sale.

From the Tohsil office, the LA branch of the Upazila Land office, or the Deputy Commissioner Office (DC office), it is necessary to determine whether the land in question is Khas, abandoned/unapproved, or marked for acquisition. Additionally, purchasers must ensure that the sale of the land is not prohibited by existing laws.

It is necessary for the buyer to determine whether or not a lawsuit has been filed against the property he or she intends to purchase.

However, the land in question should not be acquired. If there is a structure on the property, such as a building or apartment, the buyer must examine the building plan and the approval letter to ensure that the structure was constructed according to the blueprint.

The sub-registry office or the district registrar’s office should be contacted for the most up-to-date registration information.

The record of land tax (Khajna) should be examined. If a property’s land tax is not paid, the government may seize the property.

If the preceding steps are followed, one can reduce the likelihood of legal complications arising from the purchase of land.

How to Hire the best lawyers in Bangladesh to successfully purchase a land in Bangladesh:

If you want lawyers who can help you with acquiring a land in Bangladesh effortlessly, you came to the right place. We, at Tahmidur Remura Wahid TRW, we have acquired land on behalf of a lot of clients. Sometime, we take care of the whole process and our clients delegate the whole responsibility to us through a Power of Attorney.

We have also acquired land on behalf of world class manufacturing companies in several economic zone throughout the country. We bought lands on behalf of Fortune 500 companies (including but not limited to: Mitsubishi, Yabang, Miago, Marubeni etc.) and dispatched the responsibility from physically surveying the land, vetting, registering and then eventually doing the namjari on behalf of our clients.

If you want to hire Tahmidur Remura Wahid TRW to purchase your land in Bangladesh:

DHAKA: House 410, ROAD 29, Mohakhali DOHS
DUBAI: Rolex Building, L-12 Sheikh Zayed Road
LONDON: 1156, St Giles Avenue, Dagenham

 Email Addresses:
[email protected]
[email protected]
[email protected]

24/7 Contact Numbers, Even During Holidays:


Anticipatory Bail Process in Bangladesh

Anticipatory Bail Process in Bangladesh

Anticipatory Bail Process in Bangladesh in 2023

What exactly is anticipatory bail?

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Anticipatory bail, also known as pre-arrest bail, is an extraordinary remedy granted to an accused in criminal cases by the High Court Division. Anticipatory bail is granted in anticipation of arrest, as the name suggests. In Bangla, this is known as Agham Jamin.

If a criminal case is filed against you at a police station or in court, and the alleged offense is not bailable, you may apply to the High Court Division for anticipatory bail. There is no law that guarantees an accused anticipatory bail. Rather, anticipatory bail is granted at the Court’s discretion. Depending on the circumstances of your case, you may or may not be granted anticipatory bail.

What factors do courts consider when issuing anticipatory bail?

Courts usually consider the gravity of the alleged offence, the accused’s character, behavior, and position, the possibility of absconsion, and other factors when granting anticipatory bail. Furthermore, if the charge sheet for the case has already been submitted by police, you will no longer be eligible for anticipatory bail.

How long is anticipatory bail granted?

Anticipatory bail is typically granted for a short period of time in order to protect the accused from unnecessary harassment by law enforcement. Normally, such bail does not last more than 8(eight) weeks or after the charge sheet is submitted. You must surrender to the relevant subordinate court within the bail period and obtain regular bail.

What documents am I required to submit in order to apply for anticipatory bail process in Bangladesh?

You will need a copy of the FIR (First Information Report) if the case is lodged with the police station, or a copy of the Complaint Petition if the case is filed in court to apply for anticipatory bail. If you have any additional documents pertaining to your case, please send them to your lawyer.

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Is it necessary for me to be physically present in court for anticipatory bail?

An accused must physically appear in court with necessary identification documents and other documents advised by your lawyer on the date of the hearing of the application for bail.

What is the purpose of anticipatory bail?

Anticipatory bail is granted to accused people in order to protect them and their families from the unnecessary harassment, humiliation, and disgrace that comes with being arrested. If you require anticipatory bail, you should contact a lawyer in the High Court Division as soon as you receive a copy of your case.

Causes of Anticipatory Bail in Bangladesh:

The court grants anticipatory bail when a person has reason to believe they will be arrested for a non-bailable offense. Non-bailable offenses are those for which bail cannot be granted automatically, and the accused must first obtain the court’s permission before being released on bail.

The following conditions must be met in order to be eligible for anticipatory bail:

  1. The applicant must believe that they will be arrested for a non-bailable offense.
  2. The Applicant must demonstrate that their arrest is not necessary for the investigation.
  3. The applicant must demonstrate that they will cooperate with the investigation and will not manipulate the evidence.
  4. The court must be convinced that the applicant will not flee the justice system.

Anticipatory Bail Filing Procedure

The following steps are involved in filing an application for anticipatory bail under the CRPC:

  1. Depending on the gravity of the offense, the applicant must go to the Court of Sessions or the High Court.
  2. The applicant must be accompanied by an affidavit explaining why anticipatory bail is being sought.
  3. In addition, the Court may grant interim bail until the final hearing.

The stages of bail granting procedure:

First, the accused must retain legal counsel. The appointed lawyer will draft a petition and present it to the judicial court for consideration.

After receiving the bail petition, the GRO shall prepare the prescribed file and submit it to the concerned judicial magistrate court for the conduct of the bail under section 496.

Then, on behalf of the accused, the concerned lawyer must appear before the honorable court to hear the petition. If the bail is approved by the court, the concerned lawyer must submit the bail bond. The magistrate must sign the bail bond, and then the police authority must release the person.

The accused must appear before the relevant court on the specified date on command, and if he fails to do so, the court will cancel his bail. If the lower court does not consider bail, the accused may appear before the high court under CrPC section 498. There are no express legal provisions for ad-interim or interim bail, but the court has the inherent power to grant this type of bail.

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However, under section 497 of the CrPC, bail can be revoked by the High Court Division or the Court of Session; in addition, any other court that released the accused on bail can order the person to be arrested and taken into custody. A trial in Magistrate Court must be completed within 180 days, and a trial in Session Court must be completed within 360 days.

Reasons for Rejecting Anticipatory Bail

An anticipatory bail application can be denied for the following reasons: a. The applicant has the potential to influence witnesses or tamper with evidence.
b. The applicant is likely to flee and avoid prosecution.
c. The Court is not convinced that the applicant is assisting the investigation.

In Bangladesh, what are the grounds for refusing anticipatory bail in cases of rape, murder, and previous convictions under the CRPC?

According to the CRPC, the court may refuse to grant anticipatory bail in cases involving serious offenses such as rape and murder, as well as cases in which the accused has a prior conviction. The reasoning behind this is that these are heinous crimes, and there is a risk that the accused will flee or tamper with evidence if granted bail.

Furthermore, the court may take into account factors such as the nature and gravity of the offense, the likelihood of the accused evading justice, and the potential danger to society if the accused is released on bail. If the court is not convinced that the accused is unlikely to flee or tamper with evidence, or that their detention is required for the investigation of the case, it may refuse to grant anticipatory bail.

What are some leading CRPC cases in Bangladesh that have had a significant impact on the legal system and justice principles?

Here are some leading cases from Bangladesh’s High Court Division and Court of Sessions under the CRPC:
State vs. Moshtaque Ahmed: This case addressed the issue of anticipatory bail and established that the High Court Division can grant anticipatory bail in certain circumstances.

  • The case of State vs. Dr. Mohiuddin Farooque established the principle that the accused has the right to a fair trial and that the prosecution must prove their case beyond a reasonable doubt.
  • Aminul Islam v. State: This case addressed the issue of double jeopardy and established that a person cannot be tried twice for the same crime.
  • The case of State vs. Ziaur Rahman addressed the issue of executive interference in the judiciary and established the principle of judicial independence.

Is there a time limit for anticipatory bail under the CRPC in Bangladesh?

In Bangladesh, there is no time limit for anticipatory bail under the CRPC. The length of the bail order is at the discretion of the court, and it can be granted for a set period of time or until further orders of the court are issued. In most cases, the bail order remains in effect until the accused appears in court or before the police as directed, or until the charges against them are dropped.

The court may impose conditions on the bail order in some cases, such as requiring the accused to surrender their passport or report to the police station on a regular basis. It is important to note that if the accused violates the terms of the bail order, the court may cancel it and the accused may be arrested.

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Anticipatory bail is available in Bangladesh under the CRPC if the accused is unlikely to flee or tamper with evidence and their detention is not required for the investigation. However, in serious cases or where the accused has a history of convictions, the court may deny bail.

The length of the bail order is at the discretion of the court, and it is in effect until the accused appears as directed or the charges are dropped. Anticipatory bail is essential for protecting the rights of the accused, but its availability is determined by the facts of each case.

Details on the Periods of Anticipatory Bail

  1. In 51 DLR (AD) 24230, paragraph 43, this Hon’ble Division held that anticipatory bail should be granted for a limited period or until the Charge Sheet is filed, whichever is appropriate.

    However, in 66 DLR (AD) 92, paragraph 24(h), this Division held that the concerned Court should dispose of the application immediately by granting anticipatory bail for a period not normally exceeding four weeks without issuing a Rule.

    Anticipatory bail should be granted by the High Court Division for a limited period or until the filing of the Charge Sheet, whichever is appropriate in the circumstances of the case. After the period has expired or the Charge Sheet has been filed, the accused must appear before the Court concerned and obtain new bail on the merits of the case.

    If the application is satisfied in all respects, the High Court Division shall dispose of it immediately by enlarging the accused on a limited bail of no more than four weeks, without issuing any Rule.
  1. That this Hon’ble Division has not given any reasons for limiting the period of anticipatory bail to only four weeks. There is no legal basis for the period of anticipatory bail that this Hon’ble Division has set.

    Fixing such a specific period limits the Court’s discretion and departs from the principle established in the case of State vs. Abdul Wahab Shah Chowdhury, where it was held as follows:

    Granting anticipatory bail in an exceptional circumstance is a matter for the learned Judges to decide on the facts of a specific case, and it is extremely difficult to limit anticipatory bail to these categories only. The special and exceptional circumstances are to be left to the learned Judges’ discretion.

  2. Finally, in the case of State vs. Professor Dr. Morshed Hasan Khan and 16 Others, reported in 71 DLR (AD) 364, our Supreme Court issued 16-point directives for anticipatory bail. The Court decided that anticipatory bail should normally be extended for no more than 8 (eight) weeks and should not be extended after the charge sheet was submitted.

Interim bail process in Bangladesh

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According to Section 498 of the Criminal Procedure Code, if a person is to be released from jail until the case is resolved after being detained by the police, he will need to obtain interim bail from the court. However, in this instance, several steps are required for bail. He was initially presented in magistrate’s court following his arrest.

There, he must apply for bail via an attorney. The Sessions Judge and the District Judge must appear in court if bail is denied. If bail is denied there as well, one must file a bail application with the High Court. If the High Court denies bail, the last resort is to await the decision of the Appellate Division. If he is granted bail at any point during this process, he will be able to leave jail. Unless the government or the opposition appeals it.

Bail is a fundamental right of every citizen involved in a legal proceeding. However, the accused must first demonstrate that he is a respected individual. He has been or will be arrested on suspicion of motive or malice. So he must post bail.

Contact the best law firm in Bangladesh for your Anticipatory Bail Process in Bangladesh:

Tahmidur Remura Wahid TRW, located in Mohakhali DOHS, Dhaka, Bangladesh, is a reputable law firm that provides anticipatory bail legal services to clients. Individuals seeking anticipatory bail in Bangladesh can rely on our team of seasoned barristers, advocates, and attorneys for all the required documentation, paperwork, consultation, and other services.

We are well-known throughout the nation for assisting numerous clients in obtaining anticipatory bail. If you require legal assistance or clarification regarding the anticipatory bail procedure in Bangladesh, please contact Tahmidur Remura Wahid TRW via email, telephone, or in person at the address listed below.

DHAKA: House 410, ROAD 29, Mohakhali DOHS
DUBAI: Rolex Building, L-12 Sheikh Zayed Road
LONDON: 1156, St Giles Avenue, Dagenham

 Email Addresses:
[email protected]
[email protected]
[email protected]

24/7 Contact Numbers, Even During Holidays:


Withdrawal of cases in Bangladesh

Withdrawal of cases in Bangladesh

Withdrawal of Cases: Civil and Criminal Case withdrawal in Bangladesh

What exactly is the problem?

Issues arise when you consider withdrawing from representing a defendant or accepting a transferred case near or during the trial.

Once the criminal trial process begins, you have professional obligations to both the defendant(s) for whom you act and the court.

Reasons for withdrawal

If there are compelling reasons, you may withdraw from representing a client in a criminal case, whether during the trial or during the preparation for trial.
Who decides whether compelling reasons exist?

You must determine if there are compelling reasons to withdraw.

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The court in R v Ulcay agreed with Rose LJ’s observations in R v G and B, saying at paragraph 14: “We think it right, both in principle and pragmatically, that whether a solicitor or barrister can properly continue to act is a matter for him or her, not the court, although of course the court can properly make observations on the matter.”

At paragraph 30 of R v Ulcay, Judge LJ stated: “The principle… remains clear.” The court cannot compel a lawyer to continue acting after he has made a professional decision that he must withdraw from the case for compelling reasons.”

What are the compelling arguments?

You must withdraw from a case if you believe that continuing to act will cause you professional embarrassment, in accordance with the Principles and Code of Conduct for Solicitors in the SRA Standards and Regulations 2019, and the professional obligations you owe to your client and/or the court.

This is to avoid violating the code and also to avoid court punishment, such as a wasted costs order or, in more serious cases, prosecution for an offense against public justice.

Exemplifications of compelling reasons

Client obligations

A conflict of interest may arise if you represent two defendants.

You must withdraw from at least one client if this occurs. Continuing to act would be a violation of SRA Code on conflicts of interest.

You must withdraw from both clients if continuing to act for the remaining client would breach your duty of confidentiality to your former client in violation of SRA on confidentiality and disclosure.

Judicial obligations

If a client changes instructions in such a way that continuing would involve you misleading the court, you must withdraw from the case, according to paragraph 1.4 of the SRA Code of Conduct.

Can a law suit/case be withdrawn after it has been filed? (both civil and criminal)

Criminal Proceedings

Criminal cases are classified into two types: CR and GR.

GR cases are typically reported to the police. The criminal court must hear the CR case.

In the GR case, public prosecutors (PPs) are appointed by the state to represent the plaintiffs. In CR cases, the complainant must appoint a lawyer to handle the case.

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A case may be withdrawn due to a lack of sufficient evidence or a compromise between the parties to the case. In the criminal procedure, there are two types of provisions for case withdrawal.

In cases where the state is a party to the GR case, the public prosecutor may request that the case be dismissed under Section 494 of the Criminal Procedure Code.

Section 247 of the Criminal Procedure Code allows the complainant or a lawyer appointed on his behalf to request the withdrawal of a CR case.

The public prosecutor has withdrawn the case.

Section 494 of the Code of Criminal Procedure states that a state prosecutor or public prosecutor may withdraw from the prosecution of a person in any one or more of the offenses for which he is generally being tried with the permission of a court. The government, as plaintiff, will persuade the court that it is appropriate to withdraw from handling the case.

The court will not grant permission based solely on an order from the government to withdraw from the case.

In withdrawing the case under Section 494, the court has been asked to consider a number of issues.

Case of Complaint Withdrawal (CR Cases)

According to Section 247 of the Criminal Procedure Code, if the plaintiff can convince the magistrate that there is sufficient reason to allow him to withdraw the complaint before the case’s final order, the magistrate will allow him to withdraw the complaint and acquit the accused.

This section only applies to disposable cases, as defined in Criminal Procedure Code Section 345. Under this section, the complainant may withdraw the complaint.

For example, only the public prosecutor may file a request for the case to be withdrawn. The case cannot be withdrawn on the petitioner’s or the accused’s request, or by any order of the government.

Second, the prosecutor must explain to the court why the case is being withdrawn. The court will not dismiss the case solely on the basis of the government’s decision.

The court’s decision to dismiss the case is final. As a result, if the court is not satisfied with the reason for the withdrawal, it will order the case to be heard without allowing the withdrawal.

If the victim, plaintiff, or plaintiff in the case believes that the state voluntarily withdrawn their case, they may file a revision in the Sessions Judge Court or the High Court Division.

Case of Civil suit is being withdrawn:

The plaintiff may withdraw the case against all or any of the defendants at any time after the civil suit has been filed, according to Rule 1 of Rule 23 of the Civil Procedure Code, or give up part of the claim.

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When the court is satisfied that the lawsuit is doomed to fail due to a procedural error and there is sufficient reason to allow the plaintiff to sue again for the content of the lawsuit or a portion of a claim, the court withdraws the plaintiff’s suit on appropriate terms or in part.

You may grant permission to dismiss the claim and re-litigation of the lawsuit’s or similar partial claim’s content.

If the plaintiff withdraws the lawsuit or abandons the partial claim without the court’s permission, the plaintiff is liable for the costs of the lawsuit as determined by the court and loses the right to file a new lawsuit on that content or partial claim.

A court may not allow one of the few plaintiffs to withdraw the suit without the consent of the other plaintiffs under this rule.

The same matter cannot be sued again after the withdrawal.

If a case is withdrawn in accordance with the prescribed procedure, it cannot be re-filed. In civil cases, such cases are barred by the ‘Res Judicata’ or Dobara policy, and in criminal cases by the ‘Double Geopardy’ or Dobara punishment policy. If the court is satisfied by filing a revision in a higher court, the court may order reconsideration or re-investigation in the interest of justice.

Example of Res Judicata

‘A’ sued ‘B’ for failure to pay rent. ‘B’ requested that the rent be reduced because the land’s area was less than that specified in the lease. The Court determined that the area was larger than indicated in the lease. The area was excessive, and the res judicata principles will not be applied.

In one case, ‘A’ new lawsuit was filed, and the defendants requested that the Court dismiss the lawsuit with a plea of res judicata.

She was barred from bringing a res judicata claim because her previous claim had been dismissed for fraud. The Court stated that the res judicata defense must be proven through evidence.

The Res Judicata principle

The principle of res judicata seeks to promote fair administration of justice and honesty, as well as to prevent abuse of the law.

When a litigant attempts to file a subsequent lawsuit on the same matter after receiving a judgment in a previous case involving the same parties, the principle of res judicata applies.

This applies not only to the specific claims made in the first case, but also to claims that could have been made during the same case in many jurisdictions.

Under the inherent power of the High Court Division, such an order could be made.

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Land grabbing law or laws for unlawful possession in Bangladesh

Land grabbing law or laws for unlawful possession in Bangladesh

Land grabbing law or unlawful possession in Bangladesh

In Bangladesh, land grabbing is a major source of concern. Obviously, a tremendous amount of land is illegally taken. Approximately 1,3 million hectares of government-owned land are currently being seized by influential elites, according to the Land Ministry.

Influential individuals illegally appropriated government-owned lands in char areas, riverbanks, roadways, forests, and other regions. However, it is difficult to determine precisely how many private lands have been illegally seized due to a lack of documentation of illegally seized private lands. Consequently, the majority of land disputes remained unresolved and the majority of government and private lands illegally taken by land-grabbers remained unrecovered.

Types of Land Grabbing in Bangladesh:

There are four different categories of land grabbing.

Which are:

(1) Using physical force to seize land;

(2) using force to indirectly grab land;

(3) Taking direct control of land without using force; and

(4) The non-violent indirect grabbing of land. The first category includes state land purchases, grabbing by the state for securitization, and grabbing by private organizations.

Commercial companies involved in agribusiness and agro-fisheries, such as shrimp farms, are the main perpetrators of the second category. This type of land grabbing is also caused by conflicts, violence, and riots that sow fear among socially vulnerable communities and classes as well as religious or racial minorities.

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Land Grabbing Law Or Laws For Unlawful Possession In Bangladesh 29

The third category includes acquiring land without the owner’s consent or through agreements; examples include obtaining a lease or the right to possession through false registration.

The fourth category results from various natural and man-made disasters, where crises arise due to damages caused as well as the severe problem of sustaining livelihood; the affected people are compelled to sell off their homesteads and land in order to survive.


All parties involved in disputes over land believe and declare their position to be correct, and they attempt to establish their rights in this way. The battling parties are still engaged in a conflict over the legitimacy of land rights.

These factors make the social and ideological dimensions, in addition to the political and economic ones, crucial when analyzing conflicts involving land. The state has been involved in the land grabbing process in a variety of different ways.

The state’s three branches—executive, legislative, and judicial—can also adopt opposing positions on these issues. A significant factor in the process is also the influence of power structures in the state, society, and classes. In layman’s terms, the more influential someone is politically or socially, the more likely it is that they will be successful in acquiring land.

Numerous methods and procedures used in land grabbing are found to be unethical. The morality and ethical issues are relevant, particularly when grabbing is accomplished through fraud, corruption, or deceit.

The state’s function exhibits a lack of ethics, too. When land is given to private profit-seeking organizations after being acquired in the name of the “public interest,” contradictions in the organization’s behavior become clear.

The land that was taken under the guise of securitization occasionally demonstrates discrimination against specific ethnic or religious communities, which is wrong and violates the constitution of the nation.

When land is taken by force and party cadres and goons are used in conjunction with the security forces, the state does not distinguish between right and wrong. By making false promises and using enticements, various private organizations and businesses are also stealing land.

Obviously, land grabbing has been an ongoing process in Bangladesh for decades. Land appropriation can be both legal and unlawful. It is legal and commonly referred to as land acquisition when the government and national or international companies or organizations acquire land through the voluntary transfer of ownership from the landowner(s).

In the sense that government or private companies sometimes acquire land without the consent of the landowner(s), land acquisition is arguably legal. In the strictest sense, land grabs involve the use of force to coerce or coerce individuals into relinquishing their land, as well as the illegal dispossession of land through any other exploitative means, such as the forgery of legal documents.

Causes of illegal land grabbing in Bangladesh:

Notable causes of illegal land grabbing in rural, urban, and other areas include an inadequate system for the settlement of land disputes and legal loopholes, a lack of deserved attention from concerned authorities including the ministry of land, widespread corrupt practices, the culture of might-makes-right, the culture of impunity of powerful persons (even though powerful individuals are increasingly held accountable), and political influence in the land dispute settler system.

Several factors, such as the scarcity of land, the increase in the social and economic value of land, unbridled greed, and the ability to seize land, certainly contribute to land grabbing.

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Furthermore, it is undeniable that land grabbers are politically, socially, and economically powerful. Due to the involvement of powerful individuals or groups in illegal land grabbing, land grabbers are able to manipulate the relevant authorities in a variety of ways, including the manipulation of registration, lease, transfer, and other land-related legal documents.

Obviously, an unscrupulous network consisting of land grabbers, concerned officials, and others facilitates such efforts. Therefore, the prevention of illegal land grabs and the recovery of illegally grabbed lands, both private and public, appears to be a difficult task, and land grabbers can often remain unreachable in Bangladesh’s urban, semi-urban, rural, remote, and hilly regions.

Illegal land grabs violate both Article 42 of the National Constitution of Bangladesh and Article 17 of the Universal Declaration of Human Rights concerning the right to land and property. In addition, the land grab has enormous social, economic, and environmental consequences. Land disputes and illegal land appropriation frequently result in violence and criminal activity. A substantial number of people are killed as a result of land disputes and grabs.

Crimes and Land Disputes in Bangladesh:

According to various sources, more than seventy percent of all crimes stem from land disputes. In addition, the loss of land can trap many individuals in a vicious cycle. Unquestionably, many former private landowners do not invest enough in education, health care, and other areas that can improve their social standing and well-being. These factors increase their economic, social, and other vulnerabilities.

There are numerous legal, policy-based, and other efforts that can prevent illegal land grabs and recover government and private lands that have been illegally taken. However, the land administration is criticized for being based on an antiquated or conventional regulatory structure.

Unquestionably, the processing of land ownership, registration, relocation, mapping, tax payment, wills and other legal documents is subject to significant criticism. Land recording or registration systems are frequently viewed as a time-consuming and expensive endeavor.

There are more than 3.2 million pending land-related cases in the country, and a significant number of aggrieved parties lack the capacity to approach the courts for litigation. It is also criticised that the legal system is still too expensive, with few government incentives, and that justice is frequently denied to the poor and marginalized, including indigenous people, in land disputes.

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Recently, the Law Commission of Bangladesh proposed a new Land Act of Bangladesh, which would codify and consolidate land-related laws into a single document with the goal of resolving land disputes expeditiously.

It proposes a land Tribunal in each district and grants judicial powers to the Additional Deputy Commissioner, Assistant Commissioner (of land), and Assistant Settlement Officer in order to spearhead the settlement of land disputes involving the wrong record, partition, boundary disputes, unlawful possession, and forced possession.

There are also criticisms that such efforts are sometimes thwarted by influential individuals and are primarily focused on the recovery of government land, as opposed to private land. Consequently, eviction campaigns do not produce the desired results, despite their enormous potential in the effort to recover illegally seized lands.

Land Dispute Remedies Available Under Criminal Law of Bangladesh

Land grabbing or unlawful possession of properties is a common occurrence in Bangladesh, where individuals lose access to lands that they once used.

A victim in such a traumatic situation must seek redress under Section 145 of the Code of Criminal Procedure, 1898. The remedy must be sought in the court of the first executive magistrate, according to this section.

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Land grabbing or unlawful possession of property cases must be filed within two months of being threatened with eviction or evicted.

Later, the magistrate will issue summons to the opponent, hear statements from both parties, accept evidence, and determine who owns the disputed property.

The victim may also request that the local police investigate the matter, and the executive magistrate will determine the legitimate occupier based on their findings. The majority of victims are unaware that section 145 of the Code of Criminal Procedure of 1898 only determines the occupant, not the ownership of the property.

Steps to seek legal protection for land grabbing remedies

In the case of land grabbing or unlawful possession, a victim can also file a petition or complaint to the District Magistrate through a lawyer under Section 145 of the Code of Criminal Procedure, 1898; however, all original documents related to the land must be produced for filing a law suit.

The magistrate will review the documents, examine the facts of the case, and direct the officer in charge of the relevant police station to conduct an investigation. The District Magistrate will order the opponents to refrain from all types of activities based on the investigation report.

Remediation for eviction threat

If a person is threatened with eviction, he or she must file a general diary at the relevant police station, which will allow him to file a case with the Executive Magistrate under Section 106 of the Code of Criminal Procedure, 1898 through a lawyer.

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Arbitration Process in Bangladesh – Basic Steps and Procedure

Arbitration Process in Bangladesh – Basic Steps and Procedure

Arbitration Process in Bangladesh

The Legal regime of Commercial Arbitration in Bangladesh

Humans are gregarious, and life in society necessitates constant interaction with others, which frequently results in conflicts and disputes in personal, commercial, and professional relationships.

To preserve social harmony, peace, development, and progress, business and commercial disputes must be resolved rapidly.
Rapid growth in trade and business within and outside the country led to an explosion in the number of disputes, the majority of which required prompt resolution.

The legal framework for international arbitration in Bangladesh, with a focus on Bangladesh’s role as an international arbitration seat Already, it has been argued that the relationship between the court and the arbitral tribunal is crucial for the efficient resolution of a transnational dispute.

Before discussing the law that governs international arbitration in Bangladesh, a brief description of the country’s court system is necessary to comprehend the relationship between national courts and arbitral tribunals.

National courts and arbitral tribunals in Bangladesh

The Bangladesh Supreme Court consists of the High Court Division (HC Division) and the Appellate Division (AD). The court’s authority is derived from the Bangladeshi constitution. The Appellate Division hears appeals against the decisions of the High Court Division on constitutionally mandated matters or by granting leave.

No original jurisdiction exists. In contrast, the HC has original, appellate, and other jurisdictions under the constitution and other statutes. Notably, the law declared by the AD is binding on the HC, and the law declared by either division is binding on all courts and tribunals subordinate to it.

The HC is vested with matters involving international commercial arbitration, excluding the enforcement of awards. In the hierarchy of courts with civil jurisdiction, the court of the district judge comes next to the HC. It ensures the award’s enforcement within its territorial jurisdiction.

In arbitration law, Bangladesh inherited the colonial inheritance. During the British regime, the Bengal Regulation of 1772 governed arbitration in this region under the presidency of the then-government. Later, the Civil Procedure Code of 1908 included arbitration regulations.

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The Arbitration (Protocol and Convention) Act of 1937 and the Arbitration Act of 1940 existed at the time of the partition of British-ruled India in 1947.

Both acts continued into Bangladesh’s post-independence period. Bangladesh, a signatory to the New York Convention,156 enacted the Arbitration Act, 2001, based on the UNCITRAL Model Law, By adopting the Act 2001, Bangladesh accepts the jurisdictional theory of international arbitration to a large extent.

Nevertheless, the Act diverges significantly from the Model Law in numerous ways. This chapter focuses primarily on the deviations from the Act and their effects on Bangladesh-based arbitration.


The 2001 Act repealed the 1937 and 1940 Acts. The most recent amendments to the Act regarding court-issued interim measures were made in 2004. Although the Act gives the government and the Supreme Court the authority to establish rules for carrying out the Act’s purposes, neither the government nor the Supreme Court have done so as of yet.

The original language of the statute is Bangla. The official English text has not yet been released. This research utilized a non-official English version of the statute.

According to the preamble, the Act enacts the law regarding international commercial arbitration, the recognition and enforcement of foreign arbitral awards, and other arbitrations.

Although the Act of 2001 makes specific reference to international commercial arbitration in its preamble, it essentially established a single, unified arbitral regime applicable to both domestic and international arbitration.

The first international arbitration institution in Bangladesh is called the Bangladesh International Arbitration Centre (BIAC). It began operating in April 2011 with permission from the government and is registered as a non-profit organization.

Sponsors of BIAC include the Metropolitan Chamber of Commerce & Industry (MCCI), Dhaka Chamber of Commerce & Industry (DCCI), and International Chamber of Commerce-Bangladesh (ICC-B). Under a cooperation agreement, the World Bank’s private sector arm, the International Finance Corporation (IFC), supported BIAC in its early stages with funding from the European Union and UK Aid.

New York Convention or Model Law

In contrast to many preferred jurisdictions for international arbitration, neither the preamble nor the text of the Act 2001 made any reference to the New York Convention or Model Law.

According to Bangladesh’s international obligation under the New York Convention, this reference is essential. In Saipem v. Bangladesh, it was asserted that Bangladesh violated its international obligation by not respecting Article II of the New York Convention by issuing an anti-arbitration injunction against an ICC tribunal seated in Bangladesh.

In response, Bangladesh stated that the country had not yet passed an act of parliament pursuant to its obligations under the Convention. 163 Consequently, the court was not required to recognize an arbitration agreement.

Notably, Bangladesh’s approach to enforcing international law on its territory is dualistic. In the Saipem case, the ICSID tribunal ruled that Saipem had the right to arbitrate the dispute in Bangladesh in accordance with the International Chamber of Commerce Arbitration Rules.

had been expropriated by Bangladesh through the improper intervention of its courts. 164 The tribunal reasoned that Bangladesh had not disputed that it was not bound by the Convention, even though the Convention might not be binding on its courts.

Saipem’s decision is a landmark in the jurisprudence of investment arbitration, marking the first time an ICSID tribunal held a state accountable for the conduct of its judiciary. Evidently, if this case is any indication, a reference to the Convention in the preamble of the Act would bind the court.

The breadth of the Arbitration Act in Bangladesh

The Act of 2001 has limited application in commercial arbitration, despite the fact that the laws of many preferred seats expand its scope of application. There are only a few provisions in the Act of 2001 that pertain specifically to international commercial arbitration. In its scope, the law states that it shall apply only if the seat of arbitration is within Bangladesh.

In other words, the statute restricts its application to arbitrations seated within Bangladesh. Evidently, the Act of 2001 follows the English Arbitration Act of 1996 on a variety of issues, but it fails to broaden its application in the same way. The Act of 2011 adopts the Indian approach to the applicability of the statute.

According to Section 3(1) of the Act, the Act applies when the place of arbitration is in Bangladesh. The Act also specifies that sections 45, 46, and 47 of the Act shall apply if the place of arbitration is outside of Bangladesh. Therefore, it is reasonable to conclude that the Act has no application to arbitrations seated outside the United States, with the exception of award recognition and enforcement.

Already overburdened with heavy caseloads, the courts were unable to handle the additional cases. The resulting backlog significantly slowed down the legal system in Bangladesh.

Without a corresponding rate of conflict resolution, there was a veritable blockade of development, which negatively impacted the economy of the country. This prompted the development of an ADR (alternative dispute resolution) mechanism.

Mediation, conciliation, and arbitration comprise ADR. In contrast to the first two, which involve party-identified solutions accepted by consensus, the third involves a neutrally-identified resolution that is binding on the disputants.

Consensus and party autonomy serve as the basis for the arbitral process, which begins with the agreement to arbitrate and concludes with the award of the arbitral tribunal and its enforcement.

Arbitration was originally a non-formal process, but it has since evolved into a specialized area of law. Achieving the objective of a fair, legal, and enforceable award necessitates dexterous maneuvering through a number of tricky situations in order to navigate the path and reach the destination of an award that is fair, legal, and enforceable.

There are numerous pitfalls on the path of domestic or international commercial arbitrations and those under bilateral investment treaties for the unwary and inexperienced.


The evaluation of a party’s preparedness for the dispute is the most undervalued yet crucial phase of any arbitration proceeding. Once a party has determined that a valid dispute exists, the first step for a practitioner is to examine the arbitration agreement.

Given that some of the disputes stem from contracts executed prior to the 1996 Arbitration Act or the 2001 or 2019 Amendment, it is essential to determine the fundamental characteristics of all proceedings, as well as the applicable law and the location of the dispute.

Determine the governing law and location

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Arbitration Process In Bangladesh - Basic Steps And Procedure 42

Typically, in domestic arbitrations, Bangladeshi law will govern, but the location of the arbitration must be specified. Rarely do pathological clauses specify the legal seat of the arbitration. In such situations, one can rely on case law stating that if an agreement contains an exclusive jurisdiction clause, that clause can be interpreted as the seat of arbitration.

There are still a number of disputes in Bangladesh regarding the interpretation of the seat and venue of arbitration; therefore, it is essential to determine the location of the seat, as the courts at the seat oversee the arbitration.

Institutional or Ad Hoc Arbitration

Arbitral institutions have their own procedures, timelines, and rules. As a result, parties must assess their financial capabilities prior to initiating the proceedings and pay certain administration fees. In addition to considering the benefits and drawbacks of relying on a third-party funder when assessing financial capacity, parties may wish to consider the advantages and disadvantages of a third-party funder.

In instances where the arbitration is conducted in accordance with institutional rules, the start of the proceedings may depend on when the request for arbitration was submitted to the institution. This may be significant when limitation issues are involved.

Document Evaluation and Method

Prior to initiating arbitration proceedings, assess the merits of the case (based on documents and associated testimony) and ensure that findings and recommendations are communicated to the client in a clear and timely manner.

Need for court-ordered interim relief

Determine the need for interim relief prior to initiating arbitral proceedings. In urgent cases of bank guarantee invocation,’ removal of rigs from territorial waters,’ unloading of goods, and all other appropriate cases, one may approach the court of the principal jurisdiction and seek interim relief under Section 9 of the 2001 Arbitration Act.

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Interim Compensation from Emergency Arbitrators

Emergency arbitrators may also provide interim relief prior to the initiation of a lawsuit. Practitioners should evaluate Section 9 of the Arbitration Act versus requesting that the institution appoint an emergency arbitrator.


An increasingly advantageous trend in larger disputes that require an expert for the valuation of claims and assessment of damages is to retain experts at the outset in order to get a sense of the claims to be asserted. Experts can also assist with the preparation of the claim if a forensic audit of emails, data, or documents is required.

Selection of Arbitrator

For technical disputes, arbitrators should ideally be suitably qualified. Similarly, there are procedural outlines in certain cases, and only empanelled arbitrators can be appointed therein. In Bangladesh, one typically sees this in engineering and infrastructure arbitrations, in which technical (non-legally qualified) experts are sought to be appointed as arbitrators.

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Statute of Limitations and Pre-Arbitration Steps

Consider any mandatory pre-arbitration steps (such as mediation) or informal dispute resolution before filing a claim.


The notice of arbitration (NOA) is a crucial document. It outlines the initial parameters of the dispute to be adjudicated by the tribunal and often includes proposals for the party-appointed arbitrator. Most arbitral institutions require the claimant to provide a summary of the dispute and the claims being sought, as well as a valuation of the claims.

The 1996 Arbitration Act states that an arbitration begins when the counterparty receives the Notice of Arbitration (NOA). Relevant documents should be attached to the NOA, and the person issuing and serving the NOA must have the authority and capacity to do so.


Depending on the facts and circumstances, either the opposing party or the institution may participate in the selection of arbitrator(s). In accordance with its rules, the institution deems the tribunal to be constituted upon nomination, necessary declarations and disclosures, and the absence of objection from the parties.

  • It is imperative that potential arbitrators disclose all potential conflicts, i.e., any reasons for a lack of independence or impartiality, at the outset.
  • Understanding the preferences and biases of the arbitrator(s) can play a significant role in guiding the proceedings in the most advantageous direction for the clients. Typical components of pre-appointment arbitrator due diligence include:
  • awards and decisions pertinent to the immediate dispute;
  • counsel or expert witness testimony and positions taken;
  • publications and addresses;
  • current and previous professional affiliations that could pose a conflict of interest with the parties, counsel, or experts.


The preliminary meeting is the initial phase of any arbitration procedure. It typically occurs after the tribunal has been appointed but prior to the issuance of the first procedural order. If a party must raise jurisdictional objections or challenges to the tribunal’s composition, it is preferable to do so at this stage (if not already done).

The preliminary meeting gives the tribunal, parties, and counsel discretion over the procedural aspects of the arbitration. Typically, at this stage, an attempt is made to establish a broad roadmap for how the arbitration should proceed.
The following is a typical list of topics discussed at preliminary meetings:

(i) clauses on dispute resolution and choice of law, if required;
(ii) disagreements between the parties;
(iii) approach to documents: whether submitted with proposals or later; paper versus electronic filings; translation
(iv) a schedule of hearings on the merits;
language used in proceedings;
(vi) witness evidence: whether expert statements are filed with submissions or later; the number of rounds; simultaneous as opposed to sequential;
(vii) deadlines for filings and pleadings;
(viii) the time, place, and logistics associated with the pre-hearing and hearings;
(ix) attorney ethics and privilege: applicable rules;
(x) administrative secretary: usage considerations; and
(xi) tribunal fees in ad hoc arbitration proceedings


Witnesses are central to the initial hearing’s discussion. In addition to other aspects of witness testimony, the submission of witness or expert statements alongside submissions and the necessity of translations are considered.

The tribunal may determine the scope of witness testimony if the parties have disclosed the number of witnesses they intend to produce.
This can be difficult in multiparty arbitrations, and we will discuss the relevant considerations later on in this chapter.

Foreign Counsel 

Specifically, in international commercial arbitrations, the disputing parties are frequently represented by counsel from different jurisdictions, and there may be varying approaches to procedural aspects in their respective countries. In such circumstances, a thorough initial hearing is essential for the smooth progression of the arbitration.

Regarding domestic or Bangladeshi-seated hearings, it is commonly believed that international counsels face issues with some unique procedural requirements, such as the marking of documents and affidavits of admission and denial, which are essentially an overlap of the Code of Civil Procedure, 1909 (CPC) in the arbitration proceedings in Bangladesh.


This step invariably entails an evaluation of the claimant’s legal position, evidence, and key witnesses, as well as a familiarization with the client’s ultimate goals.

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Concluding a Deal with the Opposing Party

Unlike national adjudication in front of a court, arbitration is based on party autonomy. Therefore, it is best to agree on procedural, venue, and cost aspects at the outset. A lot of discussions revolve around venues if the choice has to vary from each hearing to the next, and a fixed venue goes a long way in stabilizing the same.

Procedures and Schedules

A practitioner’s primary objective should always be to complete an arbitration proceeding in a timely and efficient manner without disregarding due process rights. Instead of multiple hearings spread out over time, a week of continuous hearings followed by post-hearing briefs is recommended.

Planning for Procedures

Occasionally, tribunals prefer to hold a pre-hearing conference to ensure that all logistics are in place for the hearing. At this stage, the tribunal determines the breakdown of the hearing’s schedule, and if the hearing is held virtually, emergency contact persons for the parties are designated and network connections for everyone dialing in are verified.

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Unforeseen events and any other force majeure circumstances can necessitate the use of technology and virtual hearings. Additionally, international commercial arbitration frequently involves participants residing in different countries, which should encourage parties to prefer online arbitration using video conferencing facilities.

Given the time-sensitive nature of proceedings, if one disrupts a hearing due to logistical issues or witness unavailability, it may cause more damage to the proceedings. Likewise, neutrality and no prompting of responses from witnesses must be maintained in such situations.

It would be prudent to conduct a trial run of the facilities prior to the actual hearing and to have opposing counsel present during the cross-examination of the witness.


Arbitration proceedings are not court hearings, and the pleadings must be drafted in a very different manner. Arbitrators appreciate concise, to-the-point drafting in plain English.

Delineate issues, address claims, reference exhibits, and include the methodology on which valuation is done. Even in cases where liquidated damages have been provided, a valuation by experts or a basic computation of damages is required.

Frequently, applications and responses for requests for time, submissions, and the discovery of documents are submitted via email.

The general rule is that denied or disputed documents do not need to be proven by oral evidence.’ Witnesses must be carefully selected based on a number of factors, such as their position within the organization, their role in contract negotiations and the alleged dispute, and their knowledge of relevant documents.

Discovery and Rules of Evidence

In ad hoc proceedings, cross-examination of witnesses may not be time-limited as strictly as it is in institutional arbitrations; however, in all such cases, strict adherence to the rules adopted or determined by the tribunal is required.

In international arbitrations, the IBA Rules of Evidence govern, among other things, the relevance, materiality, and admissibility of documents; the mode of requesting documents; the request of documents in the possession or custody of the opposing party; etc. These rules may be adopted.

The ‘Redfern Schedule’ organizes the request for the production of documents. *” The Redfern Schedule contains four rows or headings that must be contributed to by the parties, their counsels, and the arbitral tribunal, namely:

a) the request to disclose;

b) the reason for the request;

c) the objecting party’s response; and

d) the arbitral tribunal’s ruling with brief explanations thereof. This is primarily due to the fact that the vast majority of these requests are merely fishing expeditions, thereby increasing the tribunal’s unnecessary workload and the cost of arbitration.


Opening Statement 

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In the opening statement, the attorneys make their first substantive arguments in the arbitration. At this stage, the party or advocate should also address all jurisdictional issues and, depending on the facts of the case, seek a preliminary ruling on the same.

A good opening statement typically includes a concise summary of the relevant facts and issues, highlighting subtly that both the best-case and worst-case scenarios favor their party. This must utilize the evidence and documentation used to reach these conclusions in an effective manner.

In addition, it must be followed by an explanation of the party’s key legal positions, with the option of including case law. At this time, the most defensible arguments are those that are sector-specific and generally commercially sensible. This may be combined with a rebuttal or preemption of the opposing counsel’s arguments.” 

The tribunal will have reviewed the submissions of the parties. Therefore, it is unnecessary to reiterate every aspect of the written phase.

Important decisions must be made regarding which claims to pursue, as the record at this stage includes the written pleadings, evidence, and supporting documents. In order to make an impression on the tribunal, some attorneys drop some of their claims immediately.


In arbitration, as opposed to a civil lawsuit, the issues framed are heavily claim-centric and not always declaratory or interpretive. In such a scenario, the primary evidence consists of documents. Thus, the purpose of an appropriate cross-examination in an arbitration is to demonstrate that the witness statement is inconsistent with the records or that the witness lacks knowledge of the pertinent facts.

Generally, you should avoid the court trial procedure of asking multiple questions on the same point if you have received a favorable response that can be linked to the document at hand and have decided to move on. Continuing to question the witness in the hope of eliciting a positive response may allow the witness to add additional damaging information to the record.

Before beginning cross-examination, it is essential to carefully review all relevant witness statements. Attempt to understand the witness as a person.

The following are some additional considerations for cross-examination:

To Cross-Examine or Not?

Contrary to popular belief, there is no rule requiring adverse counsel to cross-examine a witness. In fact, cross-examining a knowledgeable and articulate opposition witness can be extremely detrimental when attempting to build a strong case. Witnesses frequently have vested interests at stake.

The following factors must be considered when making this determination:

(i) the significance of the topics addressed by the witness;
(ii) the nature and admissibility of the witness’ written testimony.
harm the attorney;
(iii) the significance of the omitted arguments and the importance
tance of bringing to light these omissions;
(iv) the presence of unexplained gaps between the witness’s account and the physical evidence.
relevance of these gaps therebetween; and
(v) witness credibility.

There may be times when opposing witnesses delay and stall the cross-examination. In such situations, be prepared to cut the testimony short. Similarly, if time is limited, be prepared to exclude a witness from cross-examination. This phenomenon is particularly prevalent in international arbitration proceedings.

Witness Conduct and Remedy

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Arbitration Process In Bangladesh - Basic Steps And Procedure 48

In situations involving uninterested or excessively laborious and verbose witnesses, it is of the utmost importance that attorneys suppress any trace of frustration. Instead, they must maintain composure and direct the uncooperative witness to the main point being made.

Despite the general prohibition against it, witnesses are sometimes prepared and repeat answers that they have deemed appropriate for each type of question. In such situations, break the chain and ask unrelated, difficult-to-anticipate questions.

Similarly, when examining experts, it is essential to note whether they are independent experts or professionals who are following instructions. It is ineffective to harass or coerce them into speaking. The majority of experts testify multiple times per year; therefore, they are frequently better prepared than fact witnesses.

Questions pertaining to the experts’ report, instructions received, and/or assumptions made are pertinent. It is prudent to enlist the aid of one’s own experts during cross-examination or even to suggest hot tubbing if deemed appropriate.

Organization and Presentation

The structuring and formulation of the written submissions in an effective and, more importantly, persuasive manner is a very admirable quality. The written arguments must be written in such a way that the tribunal remains interested and comprehends the case the attorney is attempting to build.

The written arguments must ensure that the tribunal appreciates and is persuaded by the arguments presented by the attorney. Several guidelines are detailed below:

(i) Submissions must be concise and accurate;
(ii) Do not stray from the case theory and the goal of persuading the judge.
court to adopt it;
(iii) provide a concise but thorough outline of how the submissions (both
Oral and written skills will improve.
(iv) provide a concise and comprehensive summary of the arguments;
(v) use clearly delineated sections and subsections that follow a logical progression;
(vi) create an exhaustive index or table of contents; and (vii) utilize tables, annexures, schedules, and diagrams effectively.

Cost Submissions

In addition to the foregoing, one must also file cost submissions, which include legal fees, tribunal fees, travel, lodging, and all other types of costs incurred as a result of the proceeding, as required by Section 31A of the 2001 Act. Proof of such expenses must be provided alongside the cost schedule, along with an explanation of why the applicant is entitled to reimbursement. Parties can recover substantial sums if their cost submissions are well-written.


The second chair’ is the team member who sits next to the lead counsel (first chair) and serves as second-in-command throughout the proceedings. The second chair must always be prepared to argue the case if necessary. The primary function of a second chair is to serve as the first chair’s eyes and ears.

Some Important characteristics include:

(i) be well-versed in the relevant facts and case law cited in the argument;
(ii) are very familiar with the annexures and common core bundle. Frequently, the attorneys arguing remember the document, whereas the appropriate
Preferably, reference should be made thereto;
(iii) Examine the transcripts and call attention to any admissions and/or misrepresentations.

Organization and Presentation

The structuring and formulation of the written submissions in an effective and, more importantly, persuasive manner is a very admirable quality. The written arguments must be written in such a way that the tribunal remains interested and comprehends the case the attorney is attempting to build.

The written arguments must ensure that the tribunal appreciates and is persuaded by the arguments presented by the attorney. Several guidelines are detailed below:

(i) Submissions must be concise and accurate;
(ii) Do not stray from the case theory and the goal of persuading the judge.
court to adopt it;
(iii) provide a concise but thorough outline of how the submissions (both
Oral and written skills will improve.
(iv) provide a concise and comprehensive summary of the arguments;
(v) use clearly delineated sections and subsections that follow a logical progression;
(vi) create an exhaustive index or table of contents; and (vii) utilize tables, annexures, schedules, and diagrams effectively.

Cost Submissions

In addition to the foregoing, one must also file cost submissions, which include legal fees, tribunal fees, travel, lodging, and all other types of costs incurred as a result of the proceeding, as required by Section 31A of the 2001 Act.

Proof of such expenses must be provided alongside the cost schedule, along with an explanation of why the applicant is entitled to reimbursement. Parties can recover substantial sums if their cost submissions are well-written.


Some Important characteristics include:

The second chair’ is the team member who sits next to the lead counsel (first chair) and serves as second-in-command throughout the proceedings. The second chair must always be prepared to argue the case if necessary. The primary function of a second chair is to serve as the first chair’s eyes and ears.

(i) be well-versed in the relevant facts and case law cited in the argument;
(ii) are very familiar with the annexures and common core bundle. Frequently, the attorneys arguing remember the document, whereas the appropriate
Preferably, reference should be made thereto;
(iii) Examine the transcripts and call attention to any admissions and/or misrepresentations.
(iv) take note of the reaction of the tribunal members and the body language of the witnesses during the cross-examination and provide useful feedback.
Arbitration and the court system are intertwined. This chapter has emphasized the importance of planning for interim orders. In accordance with the 1996 Arbitration Act and its 2001 Amendment, courts may be consulted for assistance with other matters. Section 5 of the 1996 Arbitration Act limits the involvement of the courts to the extent permitted by the Act,

which includes:

(i) application under Section 44 or Section 45 of the 1996 Arbitration Act, as applicable, to refer parties from court or tribunal proceedings initiated by any party to arbitration. Inaction may constitute a waiver under Section 4 of the Act.
(ii) selection of an arbitrator pursuant to Section 11(6);
(iii) requesting the court’s assistance in taking a deposition under Section 27; (iv) requesting the annulment of an arbitral award under Section 34;
(v) appeal a ruling issued under Section 34 through Section 37.

In addition to the foregoing, one may be confronted with anti-arbitration injunction suits in the Bangladeshi context if one observes that interim orders have been granted in the past restraining arbitrations. In such situations, it is crucial to file the necessary applications in the appropriate court or to immediately appeal the said order to a higher forum in order to set it aside.

 Are you planning to do arbitration or  looking for alternative dispute resolution remedies in Bangladesh?

Tahmidur Rahman Remura Wahid TRW is a full-service law firm that has been dealing with arbitration consisting of a wide range of topics at both international and local level. We have barristers that have specialised in  international commercial arbitration from the United Kingdom and accredited civil-commercial mediators. 

If you require any assistance or consultation, please visit our office or contact us at +8801779127165 or +8801847220062 (WhatsApp) or by email- [email protected].

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