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
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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 tahmidur.com to speak with a specialist today.
