Our advice is informed by decades of experience working alongside the leading industry players in energy, life sciences, technology, financial services, private capital and more.
TRW Law Firm is one of the pioneers in institutional arbitration and mediation in Bangladesh. The firm acted as legal counsel for some of the biggest victor claimants in arbitration awarded under the Bangladesh International Arbitration Centre (BIAC) rules. It also played a crucial role in some of the most significant mediations under BIAC. Over the past decade, TRW Law Firm has represented builders, landowners, financial institutions, central banks, and power sector companies across various ADRs, most notably in the construction, shipbuilding, trade, and information technology industries.
TRW Law Firm has been consistently ranked for its exceptional Dispute Resolution practice by international legal directories. Chambers and Partners 2024 Asia-Pacific Guide praised TRW Law Firm, stating:
“TRW Law Firm houses a well-regarded litigation practice in Bangladesh with significant experience in construction disputes. The team also assists clients with arbitration proceedings.”
Another client report highlights:
“Their team is excellent – always on time, very responsive, and precise.”
Accolades
Ranked for Dispute Resolution for consecutive years (Chambers and Partners, 2021-2024).
Recognized for General Business Law (Asialaw, 2021).
Praised for delivering on time and offering actionable solutions (Chambers and Partners, 2018-2020).
TRW Law Firm contributed a detailed write-up for Singapore Chamber of Maritime Arbitration (SCMA), titled “Overview of Bangladeshi Arbitration and Maritime Law,” reflecting its leadership in ADR.
Completed ADR Matters
Arbitration
Commercial and International Trade
Investment and M&A Disputes
Represented a leading garment manufacturer in a complex investment and share acquisition dispute pending before an ad hoc arbitral tribunal formed by mutual agreement.
Successfully defended a delay-in-supply dispute caused by COVID-19 lockdowns, determining force majeure, frustration, and damages claims involving electrical distribution materials.
Manufacture and Supply Contracts
Advised a Thai-based LPG cylinder manufacturer on disputes arising from contract termination and supply chain interruptions.
Banking and Loan Recovery
Represented a leading financial institution in execution proceedings involving recovery of multi-million-dollar loans awarded by a tribunal.
Assisted in four arbitration cases for Infrastructure Development Company Limited (IDCOL), securing awards for dues recovery against defaulting parties.
Taxation and VAT Disputes
Successfully resolved VAT claims filed by the National Board of Revenue (NBR) in favor of a leading food manufacturer, reducing a significant tax demand through ADR mechanisms under the VAT Act.
Investment Arbitration
Acted as lead counsel for a Japanese investor in Bangladesh’s first-ever BIAC arbitration, involving leasehold acquisition in an Export Processing Zone (EPZ). The award was delivered in favor of the claimant.
Assisted Maruhisa Pacific Co. Ltd., a multinational investor, in enforcing arbitral awards through local courts.
Information Technology
Successfully filed appeals before the Central Procurement Technical Unit (CPTU) for a prominent IT solutions provider in a government procurement dispute.
Mediation
Appointed as a mediator by BIAC for resolving disputes between a leading private bank and multiple borrowers, successfully facilitating settlements.
Led the first-ever mediation under BIAC rules involving disputes between shareholders of a local company.
Mutual Consultation and Negotiation
Represented the Bangladesh Central Bank in a high-profile negotiation involving a million-dollar dispute over the implementation of a national payment switch with a Singaporean IT company.
Assisted in out-of-court settlements for multiple admiralty disputes and complex construction claims involving multinational stakeholders.
Practice Guide to ADR in Bangladesh
Arbitration in Bangladesh
Arbitration in Bangladesh has gained prominence as a reliable alternative to litigation, particularly for commercial and construction disputes. The Arbitration Act 2001 governs domestic and international arbitration proceedings, allowing for binding awards that can only be challenged on limited grounds, such as fraud, bias, or breach of natural justice.
Local Arbitration
Institutional arbitration through platforms like BIAC is increasingly popular, while ad hoc arbitration remains a common practice for resolving disputes.
TRW Law Firm has been instrumental in challenging irregular tribunal decisions. In one notable case involving Metro Homes Ltd vs. Rahimuddin Developers, the court upheld the reconstitution of an arbitral tribunal while maintaining procedural continuity.
International Arbitration
Bangladesh is a signatory to the New York Convention (1958), ensuring the recognition and enforcement of foreign arbitral awards.
Mediation
Mediation is a flexible, cost-effective, and private ADR process where a neutral third-party mediator assists disputing parties in reaching a mutually agreeable resolution. Under Section 89A of the Code of Civil Procedure, courts in Bangladesh are mandated to encourage mediation before proceeding to trial.
TRW Law Firm has successfully mediated disputes involving:
Shareholder disagreements in private companies.
Loan default negotiations between banks and corporate borrowers.
Construction and commercial disputes.
Negotiation and Mutual Consultation
Negotiation and mutual consultation are statutory ADR methods often employed to resolve commercial disputes without formal adjudication. TRW Law Firm has facilitated negotiations in:
High-stakes financial disputes for central banks.
Land ownership and transaction disagreements.
Mutual settlements for shipping and logistics disputes.
TRW Law Firm’s ADR Expertise
Service Areas
Examples of Work
Commercial Arbitration
M&A disputes, construction claims, and supply chain interruptions
Investment Disputes
BIAC arbitration for leasehold disputes in EPZ zones
Banking Arbitration
Loan recovery proceedings and VAT disputes
Mediation
Shareholder conflicts, bank-borrower negotiations, and construction settlements
Negotiation and Mutual Consultation
Central Bank national projects and private land transaction settlements
International Arbitration Enforcement
Representing multinational investors and enforcing foreign arbitral awards
Why Choose TRW Law Firm for ADR
Track Record of Success: From Bangladesh’s first arbitration under CIETAC to resolving 17 million+ dollar disputes, TRW Law Firm has a proven record of delivering favorable outcomes.
Experienced Leadership: Led by experienced arbitrators and mediators, including CEDR-accredited mediators and Fellows of international arbitration institutions.
Strategically Located Offices: TRW Law Firm’s offices in different parts of Bangladesh and around the globe ensure accessibility and rapid response for ADR matters.
Client-Centric Approach: Focused on timely resolution and cost-effectiveness, delivering results tailored to client objectives.
For ADR matters, TRW Law Firm stands as a trusted name in Bangladesh, combining global standards with local expertise to deliver unparalleled dispute resolution services.
TRW Law Firm is a distinguished leader in Admiralty and Maritime Dispute Resolution in Bangladesh. With a proven track record spanning over a decade, the firm has represented local and international clients across the full spectrum of maritime claims, including bunker disputes, ship collisions, cargo damage, mortgage claims, freight disputes, and seafarer wage claims. TRW Law Firm has consistently delivered exceptional results, gaining the trust of shipowners, charterers, freight forwarders, banks, insurance companies, and international P&I Clubs.
Our expertise extends to urgent and complex maritime litigation in the Admiralty Court of Bangladesh, where swift action is critical. Whether pursuing ship arrest applications, negotiating vessel releases, or resolving high-stakes cargo disputes, our dedicated maritime lawyers act promptly and decisively. Clients praise TRW Law Firm for its professionalism, efficiency, and ability to bridge jurisdictions to resolve cross-border maritime claims effectively.
Key Areas of Admiralty and Maritime Practice
1. Ship Arrest and Release
Ship arrest is one of the most effective legal remedies available in maritime disputes, particularly for recovering outstanding dues or claims. TRW Law Firm specializes in both the arrest and prompt release of vessels in Bangladeshi waters. Our team has successfully represented numerous clients in obtaining court orders to detain vessels for claims ranging from unpaid freight and bunker charges to cargo damage and crew wages.
Notable Example: We recently acted on behalf of a leading global P&I Club to secure the release of the vessel MV Sea Venture following its detention at Chattogram port. The matter involved complex cargo claims and statutory challenges raised by port authorities.
2. Cargo Damage and Shortfall Claims
Cargo disputes are common in maritime trade, often involving loss, damage, or shortfall during carriage. Our team represents shipowners, freight forwarders, and cargo owners in claims arising under bills of lading, charter party agreements, and international conventions.
Illustration: TRW Law Firm successfully resolved a case involving a shipment of bulk grain damaged during transit. We represented the shipper and secured compensation for damages exceeding USD 500,000 through effective negotiation and court proceedings.
3. Bunker Supply Disputes
Disputes over bunker quality, quantity, and payment are frequent in the maritime industry. TRW Law Firm has represented bunker suppliers, vessel owners, and charterers in claims involving breach of contract, maritime liens, and vessel arrest.
Case Study: Acting for Global Marine Fuels Ltd., a UK-based bunker supplier, we secured full payment of outstanding dues and interest for bunker supplied to the vessel MT Ocean Star. The vessel was arrested in Bangladeshi waters and released following settlement of claims.
4. Mortgage and Financing Claims
Ship mortgages and financing disputes often involve complex legal and procedural challenges. TRW Law Firm represents financial institutions, banks, and vessel owners in enforcing mortgage rights and resolving financing-related claims.
Example: Our team successfully represented National Bank Ltd. in recovering its mortgage claim against the vessel MV Horizon Express. The Admiralty Court upheld the bank’s lien and ordered the vessel’s sale to satisfy the claim.
5. Crew Wage and Seafarer Claims
TRW Law Firm actively advocates for crew members and seafarers in wage recovery claims. We understand the urgency of such matters and act promptly to secure payments owed to seamen under maritime labor contracts.
Case Highlight: Representing a group of Bangladeshi seafarers, we obtained a court order to recover unpaid wages totaling USD 120,000 against the vessel MV Blue Wave, detained at Mongla Port.
6. Collision and Allision Cases
Ship collisions, allisions, and related damages require specialized legal expertise. TRW Law Firm handles collision matters involving multiple parties, complex liability issues, and substantial claims for vessel and cargo damage.
Notable Settlement: We successfully negotiated an out-of-court settlement in a high-profile collision dispute between MV Galaxy Pride and MV Marine Vision. The matter involved intricate jurisdictional and liability issues.
7. Charter Party Disputes
Charter party disputes often arise over freight, demurrage, detention, and cargo delivery. TRW Law Firm provides expert representation in resolving disputes through litigation, arbitration, and mediation.
Illustrative Case: Our team advised a Greek shipowner in a demurrage claim against a Bangladeshi charterer involving the delayed discharge of cargo at Mongla Port. The dispute was resolved favorably through arbitration under the London Maritime Arbitrators Association (LMAA) rules.
8. Salvage and General Average
Salvage operations and general average claims require a thorough understanding of maritime law and international conventions. TRW Law Firm has successfully represented clients in recovering salvage dues and settling general average claims.
Example: Acting for a Malaysian insurance company, we advised on a general average claim involving the vessel MT Sea Merchant following an incident at Chattogram anchorage.
Maritime Legal Framework in Bangladesh
The Admiralty Court in Bangladesh, situated in the High Court Division of the Supreme Court, has exclusive jurisdiction over maritime disputes under the Admiralty Court Act, 2000. The key remedies available include:
Ship Arrest and Release
Action in Rem for Maritime Liens
Claims for Cargo Damage, Freight, and Demurrage
Enforcement of Mortgage Rights
Settlement of Crew Wage Claims
Collision and Salvage Claims
Bangladesh’s strategic location along the Bay of Bengal and its two major ports – Chattogram and Mongla – make it a significant hub for maritime trade. As trade volumes increase, the demand for efficient legal solutions in maritime disputes has grown exponentially.
TRW Law Firm’s Process and Approach
Initial Assessment: We conduct a detailed assessment of the claim, ensuring a clear understanding of the legal and factual issues involved.
Urgent Action: For time-sensitive matters, such as vessel arrests, we act swiftly to secure court orders and protect our clients’ interests.
Negotiation and Settlement: Where possible, we negotiate settlements to resolve disputes efficiently and cost-effectively.
Litigation and Arbitration: Our team is well-versed in pursuing claims through court litigation and international arbitration forums such as the LMAA and SCMA.
Enforcement: We assist in enforcing judgments and arbitral awards, ensuring our clients achieve tangible results.
Why Choose TRW Law Firm?
Proven Expertise: Decades of experience in handling complex maritime disputes with a high success rate.
Strategic Approach: A combination of swift legal action, negotiation, and litigation to achieve the best outcomes.
Global Reach: Strong working relationships with international law firms, P&I Clubs, and insurers.
Client-Centric Service: Personalized attention and tailored solutions for each client.
Efficiency: Prompt and effective legal support in time-sensitive maritime matters.
Summary Table: TRW Law Firm’s Admiralty and Maritime Expertise
Practice Area
Key Services
Recent Success
Ship Arrest and Release
Vessel detention and release orders
Secured release of MV Sea Venture at Chattogram
Cargo Damage and Shortfall
Cargo claims, shortfall, and damage recovery
Compensation of USD 500,000 for bulk grain damage
Bunker Supply Disputes
Recovery of bunker dues and supply disputes
Settled claims for bunker supplier Global Marine
Mortgage and Financing Claims
Enforcing mortgage rights and vessel finance
Recovered mortgage dues for National Bank Ltd.
Crew Wage Claims
Wage recovery for seafarers and crew members
USD 120,000 recovered for MV Blue Wave crew
Collision and Allision Claims
Liability disputes and damage claims
Out-of-court settlement in MV Galaxy Pride case
Charter Party Disputes
Freight, demurrage, and detention claims
Demurrage claim resolved under LMAA arbitration
Salvage and General Average
Recovery of salvage dues and general average
Advised on general average for MT Sea Merchant
Conclusion
TRW Law Firm stands as a beacon of excellence in Admiralty and Maritime Dispute Resolution in Bangladesh. Our deep understanding of maritime law, combined with a strategic and client-centric approach, ensures the successful resolution of complex disputes for our local and international clients. Whether navigating ship arrests, resolving cargo claims, or addressing financing disputes, TRW Law Firm delivers unparalleled legal expertise and results.
Debt Capital Markets Advisory: Comprehensive Solutions for Diverse Needs
In the complex and evolving world of financial markets, TRW Law Firm stands as a trusted partner for issuers, underwriters, and investors. Our practice offers unparalleled expertise across the full spectrum of debt and equity capital markets products, supported by a global network of seasoned professionals. With a history of delivering innovative, client-centered solutions, we help our clients navigate challenges and seize opportunities in an increasingly dynamic financial environment.
Comprehensive Expertise Across Capital Markets
Debt Capital Markets
TRW Law Firm is recognized for its in-depth knowledge and practical experience in debt capital markets. Our team advises on a broad array of products, including:
Investment-Grade Bonds: We assist issuers and underwriters in structuring and executing offerings that meet the highest market standards.
Medium-Term Notes (MTN) and Commercial Paper (CP) Programmes: We provide end-to-end guidance on the establishment, maintenance, and issuance processes.
Corporate and Regulatory Capital Products: From hybrid capital instruments to Additional Tier 1 issuances, our firm specializes in addressing the unique challenges facing corporate and financial institution issuers.
Liability Management: We handle tender and exchange offers, consent solicitations, and complex debt restructuring transactions.
Equity Capital Markets
Our expertise in equity-linked instruments includes:
Convertible and exchangeable bonds, including pre-IPO financings.
Equity-linked securities for emerging and mature markets.
Structured offerings tailored to unique market conditions.
ESG and Sustainability-Linked Products
The global focus on sustainability has led to increased demand for ESG-compliant financial instruments. TRW Law Firm’s track record in this space includes:
Green bonds and sustainability-linked products for sovereign, corporate, and financial issuers.
Structuring compliance frameworks to align with regulatory regimes such as the European Green Bond Standard.
Advising on disclosure obligations to ensure transparency and investor confidence.
Core Services
Sovereign and Public Sector Issuances
We have extensive experience advising on sovereign debt issuances and restructurings in complex jurisdictions. Recent transactions include:
Advising on international bond issuances by leading sovereign entities.
Navigating challenging regulatory and geopolitical environments to deliver optimal outcomes for public sector clients.
Financial Institutions and Corporate Issuances
TRW Law Firm’s team provides tailored advice to financial institutions and corporates, ensuring effective and efficient access to global capital markets. Our notable experience includes:
Structuring bespoke instruments such as hybrid securities to support corporate credit ratings.
Advising financial institutions on navigating intricate regulatory capital requirements.
Liability Management and Restructuring
Our firm’s liability management services are designed to optimize our clients’ balance sheets. These services include:
Consent solicitations and exchange offers for large, multinational issuers.
Negotiating debt-for-equity swaps and bespoke recapitalization plans.
Transactional Support and Execution
From due diligence to post-issuance compliance, TRW Law Firm offers a seamless transactional experience, including:
Drafting and negotiating prospectuses and offering documents.
Coordinating with regulators to ensure compliance with listing requirements.
Advising trustees and agents on their roles and responsibilities.
When creditors have been unable to collect money from a debtor and are thinking about taking further legal action, asset tracing can be used to determine the debtor’s worth.
Costly litigation can be a waste of time and money even if a court enforces a debt if the debtor is unable to pay it back.
However, many debtors will try to conceal their assets from the court and creditors. They may say they have no assets or money, but in reality, they may have assets held in a network of tax havens, trusts, and fictitious businesses, or they may have assets offshore.
Asset tracing is a specialized field, and TRW civil litigation solicitors have a great deal of expertise doing it for clients who want to enforce a debt.
In addition to having in-house specialists that can offer advice on banking and investment legislation, TRW can provide asset tracing advice in both local and foreign enforcement matters.
TRW has productive sections in the majority of legal fields that can be pertinent to a specific asset tracing case, such as criminal law, family law, property law, and commercial law. Our civil litigation attorneys can also provide advice on asset tracing in the following areas:
• Bankruptcy & Insolvency • Claims for criminal injuries and commercial law • Conflicts between directors and shareholders • Fraud; • Personal injury claims; • Family law (such as divorce); • Property • Probate and wills.
Asset tracking occasionally involves a debtor who may also be hiding their identity, as is the case with offshore businesses.
In addition to offering a comprehensive evaluation of any monetary and tangible assets possessed that can be utilized to pay off the outstanding debt, TRW can take action to verify the identification of a debtor, whether they are an individual or a director of a business.
Individuals, SMEs, and large corporations can all benefit from our specialized asset tracking services. TRW offers low fixed pricing for asset tracing services whenever feasible.
Recent Highlights
Sovereign and Corporate Transactions
Advising Access Bank: Assisted in the update of its US$1.5 billion Global Medium-Term Note Programme and issuance of US$500 million Perpetual Fixed Rate Resettable Additional Tier 1 Subordinated Notes.
Supporting Arçelik A.Ş.: Guided Turkey’s first-ever corporate green bond issuance, worth €350 million.
University College London: Advised on its £300 million sustainability bond issuance due 2061.
ESG Innovations
Advised on the issuance of US$300 million Digitally Native Notes by the Asian Infrastructure Investment Bank, leveraging cutting-edge digital platforms.
Supported clients in structuring award-winning green bond frameworks across emerging markets.
Liability Management
Oversaw a US$5 billion recapitalization for a global airline, involving a combination of preference shares, rights issues, and bridge loan facilities.
Assisted multiple sovereign issuers in navigating complex debt restructuring negotiations to achieve equitable solutions for all stakeholders.
Our Services for Debt Recovery
Depending on the sums owed, the delays, and your plans for future business dealings with your debtor, the TRW Law Firm Group can offer advice on the best course of action for recovering your debts.
Among the possible solutions are:
sending official notices of Letters Before Action. In situations where a direct approach is more likely to be successful, this correspondence frequently succeeds in obtaining money and avoiding court fees.
A subsequent action is District Court Claims if a letter does not result in prompt payment. To assist you in determining if the claim and recovery expenses are reasonable given your outstanding obligations, our staff will provide you with advice on their worth.
The last step, enforcement, entails maintaining the court decision that was rendered in your favor. You can choose from a variety of enforcement strategies based on your preferences and the type of debt.
Recovery from bad debt is a complex situation that needs to be tailored to your company.
For instance, we might be able to provide a mutually advantageous repayment plan with guarantees to shield your company from potential bad debts if a borrower is unable to repay debts but complies with court orders and agrees to pay. Legal Guidance to Lower the Risk of Bad Debt
The TRW Law Firm Group, a group of top global attorneys, provides our customers with customized advice to address the root causes of bad debt and reduce risks.
Prevention can save a lot of money and protect your company’s cash flow from the possibility that customers will end up in a poor debt situation.
In the event of future late payments, internal controls like automated debt collections, digitalized credit applications, profile evaluation, and credit referencing may offer ways to lower the expenses of a legal debt recovery procedure. Another important consideration is the company’s reputation. We strongly advise hiring a qualified professional attorney to make sure your debt collection is handled legally and suitably, demonstrating the urgency of collecting past-due payments while maintaining a professional image that reflects your company’s values.
Global Reach and Local Expertise
With an integrated network of offices across major financial hubs, TRW Law Firm ensures that clients benefit from:
24/7 Access to Expertise: Our team provides round-the-clock support across multiple time zones.
Regulatory Insights: Comprehensive knowledge of local and international regulatory regimes to minimize compliance risks.
Tailored Solutions: Customized strategies to meet the unique needs of each client.
At TRW Law Firm, our goal is to empower clients with actionable insights and robust legal support to achieve their strategic objectives in the capital markets. Whether navigating regulatory complexities, launching innovative products, or restructuring liabilities, our team stands ready to deliver exceptional results.
The employment landscape has become increasingly complex due to evolving regulatory requirements, globalization, and the growing importance of workplace culture. Employers now face a multitude of challenges in navigating legal and compliance issues while balancing employee satisfaction and organizational goals. This article delves into the multifaceted services offered under Employment – Advisory, Litigation, and Transactional law, focusing on the depth and breadth of solutions available to organizations worldwide.
Employment & Labor Team Services
Comprehensive Legal Counsel
Routine employment disputes to high-stakes litigation and transactional help.
Expertise spans across the United States, the United Kingdom, France, Germany, and Asia.
Over 50 employment and labor lawyers with global connections.
Strong history of assisting businesses across various sectors and jurisdictions.
Areas of Focus
Diversity and affirmative action.
Employee competition and business protection.
Cross-border employment issues.
Daily work-related guidance.
Arbitration and employment litigation.
Data security and employee privacy.
Drug testing, safety, and health.
Labor laws and collective rights.
M&A due diligence and transactional support.
Manager and staff training.
Wage and hour class actions and audits.
Whistleblower cases.
Workplace investigations.
Advisory, Compliance, and Regulatory Services
Routine Workplace Concerns
Conduct and disciplinary issues.
Medical leave and accommodations.
Performance management and employee complaints.
Company reorganizations and redundancy initiatives.
Training and Education
Customized client training sessions on topics such as workplace harassment and union avoidance.
Focus on sector-specific regulated employment issues, including FCA and PRA-related matters in the UK.
Collaborative Approach
Work closely with Regulatory teams to align employment legislation with regulatory obligations.
Investigations and Crisis Management
Global Workplace Investigations
Independent internal investigations.
Assistance with litigation, regulatory bodies, and administrative agencies.
Expertise in handling complex issues like:
Harassment and discrimination claims.
Workplace violence, safety concerns, and immigration enforcement.
Whistleblowing and policy violations.
Specialized Services
Handling misbehavior claims against top executives.
Guidance on business crises and reducing risks of litigation and reputational harm.
Industry expertise in sectors like education, aerospace, healthcare, and more.
Training and Policy Development
Training HR professionals on investigations.
Developing policies and tracking mechanisms for internal investigations.
Labor Relations
Union and Collective Bargaining
Strategic planning for employers under collective bargaining agreements.
Assistance with grievances, union discussions, and renegotiations.
Advice on multiemployer plans and strike management.
Representation in Labor Relations
Managing grievance arbitration cases and contract negotiations.
Legal counsel for trials, hearings, and appeals in state and federal courts.
Training and Compliance
Client training sessions on topics such as union avoidance, whistleblower retaliation, ADA, and FMLA compliance.
Employee Unfair Competition, Trade Secrets, and Noncompete Agreements
Tailored Approach
Customized strategies for noncompete agreements and trade secret disputes.
Expertise in covenants not to compete, confidentiality breaches, and computer misconduct.
Litigation and Advisory Services
Handling TROs, preliminary injunctions, and expedited discovery.
Advising on drafting and scope of noncompetition covenants.
Task Force on Inclusion and Diversity (I&D)
Legal and Strategic Support
Navigating heightened legal and political scrutiny on I&D initiatives.
Balancing corporate culture with legal compliance.
Areas of Focus
Risk assessment and auditing of I&D programs.
Implementing legally sound I&D initiatives.
Reviewing business communications and public filings.
Affirmative Action Plans and OFCCP compliance guidance.
Crisis management and defense against I&D-related lawsuits.
Multidisciplinary Team
Ensures up-to-date knowledge of developments in I&D practices.
Collaboration across Employment & Labor, Securities & Corporate Governance, and Litigation practice groups.
Key Services and Processes
Advisory Services Advisory services address a range of employment issues, ensuring compliance with legal, regulatory, and governance standards. Core offerings include:
Recruitment and Hiring: Drafting and negotiating employment contracts, managing agency and contractor arrangements, and facilitating secondments.
Workplace Governance: Advising on flexible working arrangements, diversity and equality compliance, and boardroom issues.
Employee Relations: Supporting grievance handling, whistleblowing cases, and disciplinary actions.
Regulatory Compliance: Providing guidance on PRA/FCA remuneration codes, bonus caps, and other regulatory frameworks. Process:
Conduct initial consultations to identify specific organizational needs.
Develop tailored employment policies and governance frameworks.
Provide ongoing compliance monitoring and updates on legislative changes.
Litigation Services Employment litigation encompasses contentious matters across various jurisdictions. Key focus areas include:
Discrimination and Harassment Claims: Representing employers in cases involving race, gender, disability, and age discrimination.
Whistleblowing and Retaliation Cases: Handling disputes involving whistleblower protections under Sarbanes-Oxley and equivalent laws.
Class Actions and Wage Disputes: Litigating collective actions under the Fair Labor Standards Act (FLSA) and state wage laws.
Restrictive Covenants: Defending or enforcing non-compete agreements and protecting trade secrets. Process:
Perform case assessments and develop litigation strategies.
Represent clients in court, arbitration, or mediation.
Offer post-litigation analysis to minimize future risks.
Transactional Services Employment aspects of corporate transactions require careful navigation to avoid risks during mergers, acquisitions, and restructurings. Transactional services include:
Due Diligence: Identifying employment liabilities during acquisitions, disposals, and outsourcing projects.
Restructuring and Redundancies: Advising on workforce reduction strategies and legal compliance in redundancy processes.
Integration Management: Harmonizing employment terms and managing transitions post-mergers.
Cross-Border Projects: Coordinating multi-jurisdictional restructuring and relocation efforts. Process:
Conduct pre-transaction due diligence.
Develop integration or redundancy frameworks.
Implement strategies in collaboration with legal, finance, and HR teams.
Specialized Areas
Workplace Investigations: Addressing regulatory and cultural reviews, often involving employee misconduct or whistleblowing claims.
Immigration Services: Supporting business immigration needs and compliance across jurisdictions.
Employee Incentives: Designing share and incentive plans tailored to specific corporate goals.
Corporate Governance: Ensuring compliance with boardroom diversity and remuneration governance. Process:
Conduct audits to identify compliance gaps.
Develop tailored policies and plans to address specific needs.
Offer ongoing advisory support to ensure long-term compliance and effectiveness.
Client Experience and Global Reach
Americas:
United States: Litigation under Title VII, ADEA, ADA, and other federal and state laws, as well as ERISA fiduciary and benefits claims. TRW’s US team is adept at class action litigation and restrictive covenant enforcement.
Europe:
United Kingdom: Providing comprehensive advisory and litigation services for recruitment, grievances, and data protection.
France: Expertise in workforce restructuring and collective agreements.
Germany: Specialized in works council negotiations and compliance.
Asia:
Expertise in employment contracts, industrial disputes, and terminations, with tailored advice for government and private organizations.
Compliance audits, policy drafting, ongoing support
This comprehensive approach ensures clients receive tailored, effective solutions to manage employment challenges across industries and geographies. Whether addressing advisory needs, navigating complex litigation, or facilitating seamless transitions during corporate transactions, global employment practices stand ready to deliver unparalleled support.
Incentives and Remuneration: Structuring Effective Strategies for Talent Acquisition and Retention
In today’s competitive global markets, talent acquisition and retention have become pivotal for businesses striving for success. Remuneration and incentives serve as crucial tools to attract, retain, and motivate employees. The intricate legal, regulatory, and tax implications of these arrangements necessitate expert guidance to ensure compliance while aligning with corporate goals. Our specialist Incentives and Remuneration team provides a comprehensive suite of services to address these complexities, delivering tailored solutions for organizations across various industries and jurisdictions.
Key Services Offered
1. Attracting and Retaining Talent
In markets where skilled employees are highly sought after, businesses need attractive remuneration packages to differentiate themselves. We assist clients in setting up and operating customized pay and benefits structures that are compliant with global and local regulations. Our services encompass:
Design and Implementation: Developing bespoke share plans, cash bonus schemes, and tax-advantaged employee ownership plans (e.g., EMI and CSOP in the UK).
Tax-Advantaged Plans: Advising on the design and operation of tax-efficient schemes for both senior executives and all-employee plans.
Ongoing Support: Assisting with the day-to-day operation and compliance of these arrangements, ensuring they evolve alongside market and regulatory changes.
2. Executive Hiring and Terminations
Executive-level hires and exits often involve complex remuneration negotiations and legal sensitivities. Our team provides expertise in:
Structuring compensation packages to align with corporate governance requirements and industry benchmarks.
Drafting and negotiating agreements that address deferred compensation, performance-based awards, and severance arrangements.
Advising on legal risks associated with termination payments and post-employment restrictions.
3. Navigating Global Regulations
With increasing regulatory scrutiny on remuneration, businesses face a web of compliance challenges. Our team has extensive knowledge of global trends, including:
Corporate governance standards such as malus and clawback provisions, post-cessation shareholding requirements, and holding periods.
Remuneration regulations affecting specific sectors, including financial services (CRD IV, UCITS V, AIFMD).
Tax compliance and reporting obligations in cross-border scenarios.
4. Managing Reputational Risks
Executive remuneration often comes under public and investor scrutiny. We work closely with clients to:
Ensure alignment between remuneration policies and corporate governance standards.
Provide guidance on shareholder engagement and reporting, particularly in sensitive areas such as executive bonuses and pension contributions.
Mitigate reputational risks by adopting transparent and fair remuneration practices.
5. Transactional Support
Corporate transactions such as mergers, acquisitions, IPOs, and restructurings have significant implications for employee incentives. We support clients by:
Advising on the treatment of existing incentive plans during transactions.
Designing new remuneration structures to align with post-transaction strategies.
Managing compliance with regulatory requirements, including disclosures and shareholder approvals.
6. Share Plan Hedging and Funding
Employee benefit trusts (EBTs) and hedging arrangements are critical for the successful operation of share plans. Our services include:
Advising on the establishment and funding of EBTs.
Developing alternative hedging mechanisms to manage risk and ensure liquidity for share plan obligations.
Client Experience
Our team has extensive experience advising a diverse client base, including FTSE 100 and FTSE 250 companies, multinational corporations, financial institutions, and startups. Examples of recent engagements include:
Global Share Plans: Assisting a FTSE 100 bank in operating share and cash incentive plans across 43 countries, addressing complex tax and governance issues.
Corporate Transactions: Advising on the remuneration aspects of high-value transactions, such as the £4.3 billion acquisition of Jardine Lloyd Thompson by Marsh & McLennan.
Regulatory Compliance: Supporting financial institutions in navigating remuneration regulations under frameworks like CRD IV and Solvency II.
Detailed Process
Phase 1: Planning and Design
We begin by understanding the client’s strategic objectives, workforce demographics, and regulatory environment. This phase involves:
Conducting a benchmarking analysis to align remuneration policies with industry standards.
Designing bespoke plans that incorporate tax efficiency, governance requirements, and motivational incentives.
Phase 2: Implementation
Once the design is finalized, we assist in:
Drafting legal documentation, including plan rules, trust deeds, and participant communications.
Setting up administrative frameworks for plan operation, including tax withholding and reporting mechanisms.
Phase 3: Operational Support
We provide ongoing assistance to ensure the smooth functioning of incentive plans, including:
Addressing compliance with evolving regulations.
Managing amendments to plans due to corporate transactions or changes in market conditions.
Phase 4: Evaluation and Optimization
To maintain the effectiveness of remuneration arrangements, we:
Conduct periodic reviews to assess alignment with business objectives and regulatory standards.
Recommend adjustments to address emerging trends or legislative changes.
Global Expertise and Collaboration
Our incentives team operates as an integrated part of a multidisciplinary practice, collaborating with experts in tax, employment, corporate law, and regulatory compliance. This approach enables us to provide seamless advice on complex cross-border issues, ensuring that clients receive comprehensive and practical solutions.
Why Choose Us?
Global Reach: A network of incentives specialists across multiple jurisdictions.
Multidisciplinary Approach: Collaboration with tax, regulatory, and employment teams to deliver holistic advice.
Tailored Solutions: Customization of remuneration plans to meet unique client needs.
Proven Track Record: Extensive experience advising on high-profile transactions and compliance issues.
Table: Summary of Services
Service Area
Key Offerings
Target Clients
Talent Acquisition and Retention
Design and operation of share plans, cash bonuses, and tax-efficient schemes
Multinationals, Startups, PE-backed companies
Executive Hiring and Termination
Structuring executive compensation, severance packages, and post-employment restrictions
FTSE-listed companies, Financial institutions
Global Regulation Compliance
Guidance on corporate governance, remuneration regulations, and tax compliance
Financial services, Multinational corporations
Transactional Support
Incentive plan management during mergers, acquisitions, and IPOs
Corporates undergoing transformations
Share Plan Funding and Hedging
Establishment of EBTs and development of hedging arrangements
Listed and privately held companies
Ongoing Support
Compliance reviews, tax reporting, and regulatory updates
All sectors
This comprehensive approach ensures that businesses can navigate the complexities of incentives and remuneration with confidence, achieving their talent management and strategic goals.
