by Tahmidur Remura Wahid | May 14, 2026 | Uncategorized
Ad hoc arbitration in Bangladesh is arbitration conducted without the administration of an arbitral institution such as BIAC or BIArb. The parties manage the arbitration process themselves, with the arbitral tribunal conducting the proceedings in accordance with the Arbitration Act 2001 and any procedural rules agreed by the parties. Ad hoc arbitration is a flexible and cost-effective option for parties who prefer to manage the process themselves, though it requires more active involvement from the parties and their lawyers.
Ad Hoc Versus Institutional Arbitration in Bangladesh
The key difference between ad hoc and institutional arbitration in Bangladesh is the role of the arbitral institution. In institutional arbitration (BIAC or BIArb), the institution administers the proceedings — handling the filing of documents, appointing arbitrators, and managing the process. In ad hoc arbitration, the parties manage the process themselves, without institutional support. Ad hoc arbitration is generally cheaper than institutional arbitration (because there are no institutional fees), but it requires more active involvement from the parties and their lawyers, and there is no institutional support if problems arise (such as a party refusing to cooperate in the appointment of arbitrators).
Practical Considerations for Ad Hoc Arbitration in Bangladesh
Arbitration Rules
For ad hoc arbitration in Bangladesh, the parties should agree on procedural rules — either the UNCITRAL Arbitration Rules or a set of rules drafted specifically for the arbitration. Without agreed rules, the arbitral tribunal has broad discretion to conduct the proceedings as it sees fit.
Appointment of Arbitrators
In ad hoc arbitration, the parties must agree on the appointment of the arbitrator(s). If they cannot agree, either party may apply to the court under Section 11 of the Arbitration Act 2001 to appoint an arbitrator.
Venue and Administration
In ad hoc arbitration, the parties must arrange the venue and administration of the proceedings themselves — including booking hearing rooms, managing document disclosure, and handling correspondence with the arbitral tribunal.
TRW Law Firm: Ad Hoc Arbitration Services in Bangladesh
TRW Law Firm provides expert advice and representation in ad hoc arbitrations in Bangladesh. Contact TRW at tahmidurrahman.com or visit meheruba.com.
Frequently Asked Questions
Is ad hoc arbitration cheaper than institutional arbitration in Bangladesh?
Ad hoc arbitration is generally cheaper than institutional arbitration because there are no institutional fees. However, the parties must manage the process themselves, which requires more time and effort from the parties and their lawyers.
Can I convert an ad hoc arbitration to institutional arbitration in Bangladesh?
Yes. The parties can agree at any time to submit their ad hoc arbitration to the administration of BIAC or BIArb.
What rules apply to ad hoc arbitration in Bangladesh?
The Arbitration Act 2001 applies to all arbitrations in Bangladesh, whether ad hoc or institutional. The parties may also agree on additional procedural rules — such as the UNCITRAL Arbitration Rules — to govern the conduct of the proceedings.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
For expert legal advice, visit tahmidurrahman.com | lawfirm.com.bd
Contact TRW Law Firm
If you need expert legal advice on this matter, contact TRW Law Firm — one of Bangladesh’s leading law firms specialising in ADR, arbitration, and commercial litigation. Visit tahmidurrahman.com or lawfirm.com.bd to speak with a specialist today.
by Tahmidur Remura Wahid | May 14, 2026 | Uncategorized
The enforcement of a foreign arbitral award in Bangladesh is governed by Section 45A of the Arbitration Act 2001 and Bangladesh’s obligations under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Bangladesh acceded to the New York Convention in 1992, making foreign awards from over 170 countries enforceable in Bangladesh, and Bangladeshi awards enforceable in those countries.
Legal Framework for Foreign Arbitral Award Enforcement in Bangladesh
Section 45A of the Arbitration Act 2001 provides for the recognition and enforcement of foreign arbitral awards in Bangladesh. A foreign award is enforceable unless the respondent establishes one of the limited grounds for refusal specified in the New York Convention — including incapacity, invalid agreement, lack of notice, excess of jurisdiction, improper composition, non-arbitrability, and public policy. These grounds are interpreted narrowly by Bangladeshi courts, consistent with the pro-enforcement policy of the New York Convention.
Procedure for Enforcing a Foreign Arbitral Award in Bangladesh
Step 1: File the Enforcement Application
File an application under Section 45A of the Arbitration Act 2001 in the High Court Division of the Supreme Court of Bangladesh. The application must be accompanied by the original or certified copy of the foreign award and the arbitration agreement, and a certified translation if the documents are not in English.
Step 2: Service on the Respondent
The court serves notice of the application on the respondent, who has the opportunity to file an objection on the limited grounds specified in Section 45A.
Step 3: Court Hearing and Enforcement Order
The court hears arguments from both parties. If satisfied that the award is valid and enforceable, the court passes an enforcement order.
Step 4: Execution
Once the enforcement order is obtained, the award creditor may execute against the respondent’s assets in Bangladesh using the mechanisms available under Order XXI of the CPC.
TRW Law Firm: Foreign Award Enforcement Services in Bangladesh
TRW Law Firm provides expert advice and representation in the enforcement of foreign arbitral awards in Bangladesh. Contact TRW at tahmidurrahman.com or visit lawfirm.com.bd.
Frequently Asked Questions
Which countries’ arbitral awards are enforceable in Bangladesh?
Awards from all countries that are parties to the New York Convention are enforceable in Bangladesh. This includes the United Kingdom, the United States, Singapore, India, the UAE, and over 170 other countries.
Can a foreign arbitral award be refused enforcement in Bangladesh on public policy grounds?
Yes, but the public policy ground is interpreted narrowly. It covers awards that violate fundamental principles of justice, awards obtained by fraud or corruption, and awards that contravene mandatory provisions of Bangladesh law.
How long does foreign award enforcement take in Bangladesh?
Foreign award enforcement proceedings in the High Court Division typically take 6 to 18 months, depending on whether the respondent raises objections.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
For expert legal advice, visit tahmidurrahman.com | tahmidur.com
Contact TRW Law Firm
If you need expert legal advice on this matter, contact TRW Law Firm — one of Bangladesh’s leading law firms specialising in ADR, arbitration, and commercial litigation. Visit tahmidurrahman.com or tahmidur.com to speak with a specialist today.
by Tahmidur Remura Wahid | May 14, 2026 | Uncategorized
The execution of an arbitral award in Bangladesh is the final step in the arbitration process — converting the arbitral award into actual recovery of the amount awarded. Once the court has passed an enforcement order under Section 45 of the Arbitration Act 2001, the award creditor may execute the decree against the award debtor’s assets using the mechanisms available under Order XXI of the Code of Civil Procedure 1908.
Execution Mechanisms Available for Arbitral Awards in Bangladesh
Attachment and Sale of Immovable Property
The award creditor may apply for the attachment and sale of the award debtor’s immovable property — including land, buildings, and other real estate. The court issues an attachment order, followed by a sale order if the award debtor fails to pay the decretal amount.
Attachment and Sale of Movable Property
The award creditor may apply for the attachment and sale of the award debtor’s movable property — including vehicles, machinery, inventory, and other assets. The court issues an attachment order and, if necessary, a sale order.
Garnishment of Bank Accounts
The award creditor may apply for a garnishee order against the award debtor’s bank accounts, requiring the bank to pay the decretal amount directly to the award creditor from the award debtor’s account.
Arrest of the Judgment Debtor
In cases where the award debtor has the means to pay but refuses to do so, the court may order the arrest and detention of the judgment debtor in civil prison until the decretal amount is paid.
TRW Law Firm: Arbitral Award Execution Services in Bangladesh
TRW Law Firm provides expert advice and representation in the execution of arbitral awards in Bangladesh. Contact TRW at tahmidurrahman.com or visit tahmidur.com.
Frequently Asked Questions
What assets can I execute against after obtaining an arbitral award in Bangladesh?
You can execute against any attachable assets of the award debtor in Bangladesh, including bank accounts, real property, movable assets, and shares in companies.
Can I execute an arbitral award against assets held by a third party in Bangladesh?
Yes. If the award debtor’s assets are held by a third party (such as a bank), you can obtain a garnishee order requiring the third party to pay the decretal amount to you.
How long does execution of an arbitral award take in Bangladesh?
Execution proceedings can take 3 to 12 months, depending on the nature of the assets and whether the award debtor raises objections to execution.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
For expert legal advice, visit tahmidurrahman.com | meheruba.com
Contact TRW Law Firm
If you need expert legal advice on this matter, contact TRW Law Firm — one of Bangladesh’s leading law firms specialising in ADR, arbitration, and commercial litigation. Visit tahmidurrahman.com or meheruba.com to speak with a specialist today.
by Tahmidur Remura Wahid | May 14, 2026 | Uncategorized
The right to set aside an arbitral award in Bangladesh is a limited but important safeguard against procedural injustice in arbitration. Under Section 37 of the Arbitration Act 2001, a party may apply to the court to set aside an arbitral award on specific, narrowly defined grounds within 60 days of receiving the award. Courts in Bangladesh approach setting-aside applications with caution, reflecting the principle that arbitral awards should be final and binding.
Grounds to Set Aside an Arbitral Award in Bangladesh
Incapacity of a Party
If one of the parties to the arbitration agreement was under some incapacity at the time of making the agreement, the award may be set aside. This ground covers minors, persons of unsound mind, and companies acting beyond their legal capacity.
Invalid Arbitration Agreement
If the arbitration agreement is invalid under the applicable law — for example, because it was not in writing or because it was obtained by fraud — the award may be set aside.
Lack of Notice
If a party was not given proper notice of the appointment of an arbitrator or of the arbitration proceedings, or was otherwise unable to present its case, the award may be set aside.
Excess of Jurisdiction
If the arbitral tribunal decided matters beyond the scope of the submission to arbitration — that is, matters not covered by the arbitration agreement — the award may be set aside to the extent of the excess.
Improper Composition or Procedure
If the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the Arbitration Act 2001, the award may be set aside.
Non-Arbitrability
If the subject matter of the dispute is not capable of settlement by arbitration under Bangladesh law — for example, criminal matters or matters reserved for the exclusive jurisdiction of the courts — the award may be set aside.
Public Policy
If the award is in conflict with the public policy of Bangladesh — including awards obtained by fraud or corruption, or awards that violate fundamental principles of justice — the award may be set aside.
TRW Law Firm: Award Setting-Aside Services in Bangladesh
TRW Law Firm advises clients on whether to apply to set aside arbitral awards and, where appropriate, represents them in setting-aside proceedings. Contact TRW at tahmidurrahman.com or visit lawfirm.com.bd.
Frequently Asked Questions
Can I set aside an arbitral award on the merits in Bangladesh?
No. The grounds for setting aside an award under Section 37 do not include an error of fact or law by the arbitrator. The grounds are limited to procedural and jurisdictional defects and violations of public policy.
What is the time limit to apply to set aside an award in Bangladesh?
The application must be filed within 60 days of receiving the award. This time limit is strict and courts have very limited discretion to extend it.
Does filing a setting-aside application stop enforcement in Bangladesh?
Filing the setting-aside application does not automatically stay enforcement. The applicant must separately apply for a stay, and the court has discretion to grant or refuse it.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
For expert legal advice, visit tahmidurrahman.com | lawfirm.com.bd
Contact TRW Law Firm
If you need expert legal advice on this matter, contact TRW Law Firm — one of Bangladesh’s leading law firms specialising in ADR, arbitration, and commercial litigation. Visit tahmidurrahman.com or lawfirm.com.bd to speak with a specialist today.
by Tahmidur Remura Wahid | May 14, 2026 | Uncategorized
To enforce an arbitral award in Bangladesh, the award creditor must file an application in the competent court under Section 45 of the Arbitration Act 2001. This step-by-step guide explains the full enforcement process — from filing the application to executing against the award debtor’s assets.
Why Enforcement Matters in Bangladesh Arbitration
Winning an arbitration is only half the battle. If the award debtor does not voluntarily comply with the award, the award creditor must enforce the award through the courts. The enforcement process in Bangladesh is governed by Section 45 of the Arbitration Act 2001, which provides that a domestic arbitral award shall be enforced as a court decree. This means the award creditor can use the full range of execution mechanisms available under the Code of Civil Procedure 1908 — including attachment and sale of property, garnishment of bank accounts, and arrest of the judgment debtor.
Step-by-Step Guide to Enforcing an Arbitral Award in Bangladesh
Step 1: Obtain the Award
Ensure you have the original or a certified copy of the arbitral award and the arbitration agreement. These documents must be filed with the enforcement application.
Step 2: Choose the Competent Court
The enforcement application must be filed in the competent court. For high-value awards, this is the High Court Division of the Supreme Court of Bangladesh. For smaller awards, it is the District Judge’s court in the district where the award debtor is located or where the award debtor’s assets are situated.
Step 3: File the Enforcement Application
File the enforcement application under Section 45 of the Arbitration Act 2001, attaching the original or certified copy of the award and the arbitration agreement. The application should set out the grounds for enforcement and the relief sought.
Step 4: Service on the Award Debtor
The court serves notice of the application on the award debtor, who has the opportunity to file an objection on the limited grounds specified in Section 37 of the Act.
Step 5: Court Hearing and Enforcement Order
The court hears arguments from both parties. If satisfied that the award is valid and enforceable, the court passes an enforcement order treating the award as a decree.
Step 6: Execution of the Decree
File an execution application under Order XXI of the CPC, specifying the mode of execution — attachment and sale of property, garnishment of bank accounts, or arrest of the judgment debtor.
TRW Law Firm: Arbitral Award Enforcement Services in Bangladesh
TRW Law Firm provides expert advice and representation in the enforcement of arbitral awards in Bangladesh. Contact TRW at tahmidurrahman.com or visit meheruba.com.
Frequently Asked Questions
How long does it take to enforce an arbitral award in Bangladesh?
Enforcement proceedings typically take 3 to 12 months, depending on whether the award debtor raises objections. The High Court has been increasingly efficient in handling enforcement applications.
What if the award debtor has no assets in Bangladesh?
If the award debtor has no attachable assets in Bangladesh, you may need to enforce the award in another jurisdiction where the debtor has assets. Bangladesh is a party to the New York Convention, which facilitates enforcement in over 170 countries.
Can the award debtor delay enforcement in Bangladesh?
The award debtor may delay enforcement by filing an objection or a setting-aside application. However, the grounds for objection are limited, and the court has the power to pass an interim enforcement order pending the disposal of the objection.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
For expert legal advice, visit tahmidurrahman.com | tahmidur.com
Contact TRW Law Firm
If you need expert legal advice on this matter, contact TRW Law Firm — one of Bangladesh’s leading law firms specialising in ADR, arbitration, and commercial litigation. Visit tahmidurrahman.com or tahmidur.com to speak with a specialist today.
