Banking and Finance Litigation

Banking and Finance Litigation: TRW Law Firm’s Expertise

Banking and finance litigation forms a cornerstone of legal practice, addressing disputes, regulatory challenges, and compliance issues in a rapidly evolving financial landscape. TRW Law Firm has established itself as a premier legal service provider in this domain, leveraging decades of experience and a rich legacy of working with key stakeholders, including Bangladesh’s central bank, leading commercial banks, non-banking financial institutions (NBFIs), borrowers, and international organizations.

Expertise and Legacy

TRW Law Firm’s expertise is rooted in years of experience dealing with complex banking and finance cases. From 2006 to 2015, the firm’s lawyers represented the central bank of Bangladesh in numerous landmark cases. These cases often involved intricate regulatory issues, interpretation of statutory provisions, and the resolution of high-stakes disputes. Such extensive exposure has positioned TRW as a go-to legal partner for both public and private sector entities.

Key Contributions

1. Regulatory Insights: The firm’s deep understanding of banking laws and regulations is unparalleled. TRW lawyers were involved in drafting critical circulars and guidelines for the central bank, addressing areas such as money laundering, credit information, foreign exchange regulation, and Islamic banking.
2. Litigation Excellence: The firm has represented clients in landmark cases, including disputes related to loan recovery, credit information reporting, and the enforcement of banking regulations. These cases often set precedents, shaping the legal landscape of banking and finance in Bangladesh.
3. Client-Centric Approach: TRW’s commitment to its clients is evident in its ability to navigate complex legal issues, deliver timely solutions, and achieve favorable outcomes. Whether representing banks, borrowers, or international entities, the firm’s client-focused strategy ensures optimal results.

Comprehensive Services

TRW Law Firm’s services in banking and finance litigation cover a broad spectrum of issues, reflecting the complexity and diversity of the sector. Key areas of focus include:

1. Banking Regulatory Litigation

• Representing clients in disputes involving the exercise of regulatory powers by the central bank.
• Challenging circulars and regulations that exceed statutory limits or conflict with fundamental rights.
• Advising on compliance with banking laws and guidelines.

2. Credit Information Litigation

• Handling disputes related to wrongful or inaccurate reporting in the Credit Information Bureau (CIB).
• Representing guarantors and borrowers in cases involving the interpretation of the Bank Company Act 1991 and Bangladesh Bank Order 1972.
• Advocating for systemic reforms in credit information reporting.

3. Foreign Exchange Regulation and Litigation

• Advising on inward and outward remittances, trade finance, and offshore banking.
• Representing clients in disputes involving the Foreign Exchange Regulation Act 1947.
• Handling licensing and compliance issues for foreign exchange transactions.

4. Islamic Finance Litigation

• Assisting banks and financial institutions with Islamic finance policies and transactions.
• Representing clients in disputes involving HPSM investments and the interpretation of Islamic finance laws.

5. Loan Recovery and Execution

• Representing banks and borrowers in loan recovery suits, execution proceedings, and writ petitions.
• Addressing disputes related to interest calculation, payment adjustments, and moratoriums.
• Successfully invoking equitable remedies to protect clients’ interests.

6. Equity and Institutional Investment

• Advising on equity investments by NBFIs and venture capital firms.
• Representing clients in disputes arising from equity financing agreements.
• Ensuring compliance with regulatory requirements for institutional investments.

Landmark Cases

TRW Law Firm’s track record includes several landmark cases that highlight its expertise and impact on the legal landscape:

1. LC Fraud Case: Represented a leading bank in a high-profile LC fraud case, ensuring justice and safeguarding the interests of financial institutions.
2. Credit Information Dispute: Successfully argued a case on behalf of a guarantor, securing a landmark judgment that clarified the legal position of guarantors under the Bank Company Act 1991.
3. Natural Justice in Licensing: Advocated for a money exchange license holder in a case involving foreign exchange regulations, establishing principles of natural justice.
4. Loan Recovery: Represented a borrower in a dispute over loan recovery, securing a moratorium and facilitating a settlement that protected the client’s business.

Thought Leadership and Resources

TRW Law Firm is committed to advancing legal knowledge and practice in banking and finance. The firm’s lawyers have authored numerous articles and papers, covering topics such as:

• Legal aspects of syndicated loans.
• The role of non-bank financial institutions in entrepreneurial growth.
• Judicial intervention in letter of credit payments.
• CIB reporting and related legal challenges.

In addition, TRW’s rich library of legal resources, including international and local law reports, ensures that its lawyers are well-equipped to handle complex cases.

Offices and Accessibility

To serve its clients effectively, TRW Law Firm has strategically located offices in Dhaka and other key regions. The main office in Banani is equipped with extensive resources for banking matters, while the Supreme Court Bar Association (SCBA) office facilitates urgent litigation support.

Recognition and Rankings

TRW Law Firm’s excellence in banking and finance litigation has been recognized by leading legal directories and publications. Highlights include:

• Dispute Resolution Rankings: Consistently ranked for dispute resolution by Chambers and Partners (2022-2024).
• Client Testimonials: Clients commend the firm’s responsiveness, precision, and ability to handle complex cases effectively.
• Expert Recognition: The firm’s senior lawyers have been acknowledged for their expertise in corporate and finance law.

Conclusion

TRW Law Firm’s unparalleled expertise, comprehensive services, and commitment to client success make it a trusted partner for banking and finance litigation in Bangladesh. With a proven track record of handling complex cases and achieving landmark judgments, the firm continues to set benchmarks in the legal industry.

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