BIAC arbitration in Bangladesh is the most widely used form of institutional arbitration in the country, administered by the Bangladesh International Arbitration Centre (BIAC) under the BIAC Arbitration Rules. BIAC arbitration provides a structured, professionally administered framework for resolving commercial disputes, with a panel of experienced arbitrators, modern facilities in Dhaka, and procedural rules consistent with international best practice.
About BIAC: Bangladesh International Arbitration Centre
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 is a non-profit, non-governmental organisation dedicated to promoting and facilitating the use of arbitration and mediation as alternatives to court litigation in Bangladesh. BIAC is a member of the Asia Pacific Regional Arbitration Group (APRAG) and has established relationships with ICC, SIAC, and other international arbitration institutions.
The BIAC Arbitration Rules: Key Provisions
Commencement
BIAC arbitration commences when the claimant files a request for arbitration with BIAC, attaching the arbitration agreement, a description of the dispute, and the registration fee. BIAC notifies the respondent, who must file a response within 30 days.
Appointment of Arbitrators
The parties may agree on the appointment of a sole arbitrator or a three-member tribunal. If they cannot agree, BIAC appoints the arbitrator(s) from its panel. The arbitrators must be independent and impartial and must disclose any potential conflicts of interest.
Pleadings
The claimant files a statement of claim and the respondent files a statement of defence. The claimant may file a reply. The pleadings define the issues in dispute and the evidence that will be presented at the hearing.
Document Disclosure
The parties exchange relevant documents. The arbitral tribunal may order specific document production if a party fails to disclose relevant documents voluntarily.
The Hearing
The arbitral tribunal holds a hearing at which the parties present their cases, examine witnesses, and make oral submissions. The hearing is conducted in private and is confidential.
The Award
The arbitral tribunal issues its award, which is binding on the parties. The award is enforceable as a court decree under Section 45 of the Arbitration Act 2001.
Strategic Considerations for BIAC Arbitration in Bangladesh
Strategic considerations for BIAC arbitration in Bangladesh include: the choice of arbitrator (selecting an arbitrator with relevant technical expertise and a reputation for efficiency), the framing of the pleadings (presenting the case clearly and persuasively from the outset), the management of document disclosure (ensuring that relevant documents are disclosed while limiting the scope of disclosure requests), the use of expert witnesses (particularly for technical disputes), and the enforcement strategy (planning for enforcement before the award is made).
TRW Law Firm: BIAC Arbitration Services in Bangladesh
TRW Law Firm has extensive experience in BIAC arbitration in Bangladesh, representing clients in all stages of BIAC proceedings. Contact TRW at tahmidurrahman.com or visit meheruba.com.
Frequently Asked Questions
How do I file a case with BIAC 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. BIAC will then notify the other party and the proceedings will commence.
How long does BIAC arbitration take in Bangladesh?
BIAC arbitrations typically conclude within 6 to 18 months, depending on the complexity of the dispute and the availability of the parties and the arbitrator.
Is BIAC arbitration confidential in Bangladesh?
Yes. BIAC arbitration proceedings are confidential. The parties, their lawyers, and the arbitrators are all bound by confidentiality obligations under the BIAC Arbitration Rules.
Related articles: Alternative Dispute Resolution in Bangladesh | Arbitration Lawyer in Bangladesh | Commercial Arbitration in Bangladesh
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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.
