The execution of an arbitral award in Bangladesh is the final step in the arbitration process — converting the arbitral award into actual recovery of the amount awarded. Once the court has passed an enforcement order under Section 45 of the Arbitration Act 2001, the award creditor may execute the decree against the award debtor’s assets using the mechanisms available under Order XXI of the Code of Civil Procedure 1908.
Execution Mechanisms Available for Arbitral Awards in Bangladesh
Attachment and Sale of Immovable Property
The award creditor may apply for the attachment and sale of the award debtor’s immovable property — including land, buildings, and other real estate. The court issues an attachment order, followed by a sale order if the award debtor fails to pay the decretal amount.
Attachment and Sale of Movable Property
The award creditor may apply for the attachment and sale of the award debtor’s movable property — including vehicles, machinery, inventory, and other assets. The court issues an attachment order and, if necessary, a sale order.
Garnishment of Bank Accounts
The award creditor may apply for a garnishee order against the award debtor’s bank accounts, requiring the bank to pay the decretal amount directly to the award creditor from the award debtor’s account.
Arrest of the Judgment Debtor
In cases where the award debtor has the means to pay but refuses to do so, the court may order the arrest and detention of the judgment debtor in civil prison until the decretal amount is paid.
TRW Law Firm: Arbitral Award Execution Services in Bangladesh
TRW Law Firm provides expert advice and representation in the execution of arbitral awards in Bangladesh. Contact TRW at tahmidurrahman.com or visit tahmidur.com.
Frequently Asked Questions
What assets can I execute against after obtaining an arbitral award in Bangladesh?
You can execute against any attachable assets of the award debtor in Bangladesh, including bank accounts, real property, movable assets, and shares in companies.
Can I execute an arbitral award against assets held by a third party in Bangladesh?
Yes. If the award debtor’s assets are held by a third party (such as a bank), you can obtain a garnishee order requiring the third party to pay the decretal amount to you.
How long does execution of an arbitral award take in Bangladesh?
Execution proceedings can take 3 to 12 months, depending on the nature of the assets and whether the award debtor raises objections to execution.
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 meheruba.com to speak with a specialist today.
