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Arbitration Centre in Bangladesh: Choosing the Right Institution

Arbitration Centre in Bangladesh: Choosing the Right Institution

Choosing the right arbitration centre in Bangladesh is one of the most important decisions in any commercial arbitration. The two main arbitration centres in Bangladesh are the Bangladesh International Arbitration Centre (BIAC) and the Bangladesh Institute of Arbitration (BIArb). Each has its own rules, panel of arbitrators, and administrative procedures, and the choice between them should be made carefully based on the nature of the dispute and the parties’ preferences.

BIAC: Bangladesh International Arbitration Centre

BIAC is the leading arbitration centre in Bangladesh, established in 2011. It is a member of APRAG and has established relationships with ICC, SIAC, and other international institutions. BIAC administers arbitrations under the BIAC Arbitration Rules and mediations under the BIAC Mediation Rules. It maintains a panel of experienced arbitrators and mediators and provides modern hearing facilities in Dhaka. BIAC is the preferred choice for high-value commercial arbitrations and international arbitrations involving foreign parties.

BIArb: Bangladesh Institute of Arbitration

BIArb is another recognised arbitration centre in Bangladesh, providing arbitration and mediation services under its own rules. BIArb also provides training and accreditation for arbitrators and mediators in Bangladesh. BIArb is a good choice for domestic commercial arbitrations, particularly for parties who prefer a smaller, more personal institution.

How to Choose Between BIAC and BIArb in Bangladesh

The choice between BIAC and BIArb depends on several factors: the value and complexity of the dispute (BIAC is generally preferred for high-value and complex disputes); the international dimension (BIAC is preferred for international disputes because of its international connections); the parties’ preferences; and the specific rules and procedures of each institution. For most commercial arbitrations in Bangladesh, BIAC is the preferred choice.

TRW Law Firm: Arbitration Centre Selection and Representation in Bangladesh

TRW Law Firm advises clients on the choice of arbitration centre and represents clients in BIAC and BIArb arbitrations. Contact TRW at tahmidurrahman.com or visit tahmidur.com.

Frequently Asked Questions

Can I use an international arbitration centre for a Bangladesh dispute?

Yes. The parties can agree to use an international arbitration centre — such as ICC, SIAC, or LCIA — for a Bangladesh dispute. However, for purely domestic disputes, BIAC or BIArb is generally more appropriate and cost-effective.

Is BIAC or BIArb better for construction arbitration in Bangladesh?

Both BIAC and BIArb have experience in construction arbitration. BIAC is generally preferred for high-value construction disputes because of its larger panel of arbitrators and its international connections.

How do I file a case with BIAC or BIArb in Bangladesh?

To file a case with BIAC, submit a request for arbitration to BIAC, attaching the relevant contract, a description of the dispute, and the registration fee. The procedure for BIArb is similar. Both institutions will then notify the other party and the proceedings will commence.

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.

Bangladesh International Arbitration Centre: A Complete Guide

Bangladesh International Arbitration Centre: A Complete Guide

The Bangladesh International Arbitration Centre (BIAC) is the leading arbitral institution in Bangladesh, providing professionally administered arbitration and mediation services for commercial disputes. Established in 2011, BIAC has become the preferred institution for commercial arbitration in Bangladesh, with a growing caseload and an expanding panel of experienced arbitrators and mediators.

History and Establishment of BIAC

BIAC was established in 2011 as a joint initiative of the International Chamber of Commerce Bangladesh, the Metropolitan Chamber of Commerce and Industry Dhaka, and the Chittagong Chamber of Commerce and Industry. It was established in response to the growing need for a credible, internationally recognised arbitral institution in Bangladesh. BIAC is a non-profit, non-governmental organisation and is a member of the Asia Pacific Regional Arbitration Group (APRAG).

BIAC’s Services

Arbitration

BIAC administers arbitrations under the BIAC Arbitration Rules, which are consistent with international best practice. BIAC maintains a panel of experienced arbitrators with expertise in commercial, construction, banking, real estate, and other sectors. BIAC arbitrations are confidential, efficient, and produce binding, enforceable awards.

Mediation

BIAC administers mediations under the BIAC Mediation Rules. BIAC maintains a panel of experienced, accredited mediators. BIAC mediations are confidential and voluntary, and settlements reached through BIAC mediation are binding contracts.

Training and Accreditation

BIAC provides training and accreditation for arbitrators and mediators in Bangladesh, helping to develop the country’s ADR capacity.

BIAC’s International Connections

BIAC is a member of APRAG and has established relationships with ICC, SIAC, LCIA, and other international arbitration institutions. This international network enables BIAC to administer international arbitrations involving foreign parties and to refer cases to international institutions when appropriate.

TRW Law Firm: BIAC Expertise in Bangladesh

TRW Law Firm has extensive experience in BIAC arbitrations and mediations, representing clients in all stages of BIAC proceedings. Contact TRW at tahmidurrahman.com or visit meheruba.com.

Frequently Asked Questions

Where is BIAC located in Bangladesh?

BIAC is located in Dhaka, Bangladesh. It provides hearing facilities and administrative support for arbitrations and mediations.

How do I file a case with BIAC in Bangladesh?

To file a case with BIAC, submit a request for arbitration or mediation to BIAC, attaching the relevant contract, a description of the dispute, and the registration fee. BIAC will then notify the other party and the proceedings will commence.

Is BIAC recognised internationally?

Yes. BIAC is a member of APRAG and has established relationships with ICC, SIAC, and other international arbitration institutions. Awards made in BIAC arbitrations are enforceable internationally under the New York Convention.

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.

BIAC Mediation in Bangladesh: Rules, Process and Practical Guide

BIAC Mediation in Bangladesh: Rules, Process and Practical Guide

BIAC mediation in Bangladesh is a professionally administered mediation service provided by the Bangladesh International Arbitration Centre (BIAC) for resolving commercial disputes. BIAC mediation provides a structured, confidential, and efficient framework for parties to reach a negotiated settlement with the assistance of an experienced, impartial mediator from BIAC’s panel.

About BIAC Mediation in Bangladesh

BIAC mediation is administered under the BIAC Mediation Rules, which provide a clear framework for the conduct of mediation proceedings. BIAC maintains a panel of experienced, accredited mediators with expertise in commercial, construction, banking, real estate, and other sectors. BIAC mediation is available for all types of commercial disputes and is particularly well-suited to disputes where the parties want to preserve their business relationship.

The BIAC Mediation Process in Bangladesh

Request for Mediation

The party seeking mediation files a request for mediation with BIAC, specifying the dispute and the relief sought. BIAC notifies the other party, who has the opportunity to accept or reject the request. Mediation requires the consent of both parties.

Appointment of the Mediator

The parties agree on a mediator from BIAC’s panel. If they cannot agree, BIAC appoints the mediator. The mediator must be impartial and independent and must disclose any potential conflicts of interest.

Mediation Sessions

The mediator holds joint and separate sessions with the parties and their lawyers. The mediator facilitates negotiations and helps the parties explore options for settlement. The proceedings are confidential.

Settlement Agreement

If mediation results in a settlement, the parties sign a settlement agreement, which is a binding contract. If mediation fails, the parties may proceed to arbitration or litigation.

TRW Law Firm: BIAC Mediation Services in Bangladesh

TRW Law Firm provides expert legal advice and representation in BIAC mediations across Bangladesh. Contact TRW at tahmidurrahman.com or visit lawfirm.com.bd.

Frequently Asked Questions

How do I file a mediation request with BIAC in Bangladesh?

To file a mediation request with BIAC, submit a request for mediation to BIAC, specifying the dispute and the relief sought, and paying the registration fee. BIAC will then contact the other party to seek their consent to mediation.

Is BIAC mediation confidential in Bangladesh?

Yes. BIAC mediation proceedings are confidential under the BIAC Mediation Rules. The parties, their lawyers, and the mediator are all bound by confidentiality obligations.

How long does BIAC mediation take in Bangladesh?

Most BIAC mediations are completed within one to three days of sessions. The overall timeline depends on the complexity of the dispute and the willingness of the parties to engage constructively.

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.

Tax ADR in Bangladesh: Resolving Income Tax and VAT Disputes

Tax ADR in Bangladesh: Resolving Income Tax and VAT Disputes

Tax ADR in Bangladesh is a mechanism for resolving tax disputes — including income tax, VAT, and customs disputes — between taxpayers and the National Board of Revenue (NBR) through Alternative Dispute Resolution, without the need for formal litigation before the tax tribunals or the courts. Tax ADR in Bangladesh provides businesses and individuals with a faster and more cost-effective route to resolving tax disputes, reducing the burden on the tax appeal system.

Legal Framework for Tax ADR in Bangladesh

Tax ADR in Bangladesh is governed by the Income Tax Act 2023 (for income tax disputes), the VAT and Supplementary Duty Act 2012 (for VAT disputes), and the Customs Act 1969 (for customs disputes). The NBR has established ADR units for each type of tax dispute, and the relevant legislation provides for ADR as an alternative to formal appeal proceedings.

Types of Tax Disputes Suitable for ADR in Bangladesh

Tax ADR in Bangladesh is available for a wide range of tax disputes, including: disputes over the assessment of income tax liability; disputes over the deduction of business expenses; disputes over transfer pricing; disputes over VAT liability and input VAT deductions; disputes over customs duties and tariff classifications; and disputes over tax penalties and interest. Tax ADR is particularly useful for complex disputes involving large sums of money, where the cost and time of formal litigation would be disproportionate.

The Tax ADR Process in Bangladesh

Application

The taxpayer applies for tax ADR by filing an application with the relevant NBR ADR unit, specifying the dispute and the relief sought. The application must be filed within the time limit specified in the relevant tax legislation.

ADR Sessions

The ADR facilitator holds sessions with the taxpayer and the relevant NBR officials. The facilitator facilitates negotiations and helps the parties reach a settlement.

Settlement Agreement

If the ADR results in a settlement, the parties sign a settlement agreement, which is binding on both parties.

TRW Law Firm: Tax ADR Services in Bangladesh

TRW Law Firm provides expert legal advice and representation in tax ADR proceedings across Bangladesh, covering income tax, VAT, and customs disputes. Contact TRW at tahmidurrahman.com or visit tahmidur.com.

Frequently Asked Questions

Is tax ADR available for all types of tax disputes in Bangladesh?

Tax ADR is available for most tax disputes, but there are some exceptions — for example, disputes involving allegations of tax fraud or evasion may not be eligible for ADR.

Is a tax ADR settlement binding in Bangladesh?

Yes. A settlement reached through tax ADR is binding on both the taxpayer and the NBR.

Can I use a lawyer for tax ADR in Bangladesh?

Yes. It is strongly advisable to use a lawyer for tax ADR proceedings. A lawyer can assess the merits of your tax dispute, prepare your case for ADR, and negotiate effectively on your behalf.

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.

VAT ADR in Bangladesh: Resolving Tax Disputes Through ADR

VAT ADR in Bangladesh: Resolving Tax Disputes Through ADR

VAT ADR in Bangladesh is a mechanism for resolving Value Added Tax (VAT) disputes between businesses and the National Board of Revenue (NBR) through Alternative Dispute Resolution, without the need for formal litigation before the VAT Appellate Tribunal or the courts. Introduced under the VAT and Supplementary Duty Act 2012, VAT ADR in Bangladesh provides businesses with a faster and more cost-effective route to resolving VAT disputes.

Legal Framework for VAT ADR in Bangladesh

VAT ADR in Bangladesh is governed by the VAT and Supplementary Duty Act 2012 and the VAT and SD Rules 2016. The Act provides for ADR as an alternative to formal appeal proceedings before the VAT Appellate Tribunal. The NBR has established an ADR unit to administer VAT ADR proceedings.

Types of VAT Disputes Suitable for ADR in Bangladesh

VAT ADR in Bangladesh is available for a wide range of VAT disputes, including: disputes over the assessment of VAT liability; disputes over the classification of goods and services for VAT purposes; disputes over the deduction of input VAT; disputes over VAT refunds; and disputes over VAT penalties and interest. VAT ADR is particularly useful for complex disputes involving large sums of money, where the cost and time of formal litigation would be disproportionate.

The VAT ADR Process in Bangladesh

Application

The taxpayer applies for VAT ADR by filing an application with the NBR’s ADR unit, specifying the dispute and the relief sought. The application must be filed within the time limit specified in the VAT and SD Act 2012.

Appointment of the ADR Facilitator

The NBR appoints an ADR facilitator — a senior NBR official or an independent expert — to facilitate the ADR proceedings.

ADR Sessions

The ADR facilitator holds sessions with the taxpayer and the NBR officials responsible for the assessment. The facilitator facilitates negotiations and helps the parties reach a settlement.

Settlement Agreement

If the ADR results in a settlement, the parties sign a settlement agreement, which is binding on both parties.

TRW Law Firm: VAT ADR Services in Bangladesh

TRW Law Firm provides expert legal advice and representation in VAT ADR proceedings across Bangladesh. Contact TRW at tahmidurrahman.com or visit meheruba.com.

Frequently Asked Questions

Is VAT ADR available for all VAT disputes in Bangladesh?

VAT ADR is available for most VAT disputes, but there are some exceptions — for example, disputes involving allegations of VAT fraud may not be eligible for ADR.

Is a VAT ADR settlement binding in Bangladesh?

Yes. A settlement reached through VAT ADR is binding on both the taxpayer and the NBR.

Can I use a lawyer for VAT ADR in Bangladesh?

Yes. It is strongly advisable to use a lawyer for VAT ADR proceedings. A lawyer can assess the merits of your VAT dispute, prepare your case for ADR, and negotiate effectively on your behalf.

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.