Insolvency, International Trade, and Cross-Border

Insolvency, International Trade, and Cross-Border Legal Expertise: TRW Law Firm

As a leading legal institution, TRW Law Firm specializes in cross-border disputes, insolvency proceedings, and international trade advisory. With an extensive portfolio of high-profile cases and projects, TRW provides strategic legal solutions tailored to meet the unique demands of global commerce and finance.

This article explores TRW’s expertise in insolvency law, international trade, and cross-border legal matters, highlighting the firm’s pivotal role in these sectors.

Insolvency and Cross-Border Insolvency

Insolvency law governs the financial restructuring or liquidation of entities unable to meet their financial obligations. TRW’s deep understanding of cross-border insolvency is reflected in its handling of complex cases spanning multiple jurisdictions.

Key Case Studies

1. Recovery from a Polish Garment Retailer

• Advised a Bangladeshi creditor in recovering dues from a garment retail company in Poland declared bankrupt by a Polish insolvency court.
• Provided strategic guidance on navigating foreign insolvency laws to secure the client’s interests.

1. Italian Joint Venture Exit

• Assisted a leading leather company in addressing cross-border insolvency issues involving an Italian joint venture partner.
• Crafted tailored solutions to enable a smooth exit while minimizing financial and legal exposure.

1. Bankruptcy Proceedings in Bangladesh

• Represented MI Industries Pvt. Ltd. (India) in initiating bankruptcy proceedings against Ha-Meem Group (Bangladesh), resulting in a successful out-of-court settlement.

Key Insights on Cross-Border Insolvency

• Cross-border insolvency laws require close coordination between jurisdictions, particularly under frameworks like the UNCITRAL Model Law on Cross-Border Insolvency.
• TRW ensures seamless execution by addressing jurisdictional conflicts, asset recovery, and creditor protection.

International Trade and Dispute Resolution

Global trade involves intricate legal and regulatory frameworks. TRW provides end-to-end advisory and litigation support in international trade, including trade finance, customs compliance, and cross-border disputes.

Highlighted Achievements

1. Fraudulent Cargo Delivery

• Assisted a Bangladeshi client in recovering losses caused by fraudulent delivery of international cargo.
• Initiated legal proceedings in the country of origin to secure compensation for damages.

1. Forex and Market Regulations

• Partnered with Allen & Gledhill LLP (Singapore) to resolve payment disputes arising from foreign exchange regulations and dollar market crises.
• Successfully negotiated settlements, leveraging Bangladeshi legal frameworks to resolve disputes.

1. Shipping Advisory for A.P. Moller Maersk Line

• Advised on shipping terms, foreign exchange regulations, and cargo discharge protocols across South Asia.
• Contributed to policy frameworks benefiting Bangladesh, India, and Pakistan.

Merger & Acquisition (M&A) Expertise

TRW excels in providing legal services for global mergers and acquisitions, ensuring compliance with local and international regulations.

Significant M&A Transactions

1. Takeover of Oriental Container Line

• Facilitated the acquisition of Oriental Container Line by OOCL (Hong Kong).
• Drafted agreements and ensured compliance with Bangladeshi laws for a seamless takeover.

1. Technology Sector Investment

• Assisted IQ Option Europe in navigating Bangladesh’s foreign exchange and IT regulations.
• Addressed legal issues in mobile application transactions targeting global retail clients.

1. Backstop Liquidity Facility

• Conducted due diligence for LDA Capital, ensuring compliance with Bangladesh’s securities laws.
• Negotiated terms for a complex investment involving a listed company.

International Banking and Finance

TRW provides comprehensive legal advisory for international banking, focusing on trade finance, foreign lending, and compliance.

Banking Milestones

1. Foreign Loans and Approvals

• Secured BIDA approval for local clients to access foreign loans amidst dollar market challenges.
• Drafted loan agreements and perfected security documentation.

1. Climate Finance

• Conducted due diligence for the European Investment Bank on compliance with climate finance guidelines.
• Addressed legal aspects of loans linked to climate change projects.

1. International Factoring

• Advised a global lender on international trade finance, factoring claims, and litigation strategies.

Forex Regulations and Compliance

Navigating Bangladesh’s foreign exchange regulations is critical for multinational corporations and local entities engaged in cross-border transactions. TRW offers expert counsel in this area.

Forex-Related Services

• Expatriate Salary Compliance: Assisted clients like Li & Fung in structuring expat salary remittance frameworks compliant with Bangladeshi laws.
• Agency Payments: Provided solutions for agency law compliance and freight remittance disputes.
• Profit Repatriation: Guided software companies in repatriating profits while adhering to forex regulations.

Practice Guide: Cross-Border Legal Matters

1. International Trade

Disputes arising from international trade often involve cargo misdelivery, defective goods, or payment defaults. TRW mitigates risks by vetting trade documents and offering preemptive legal solutions.

2. Insolvency

Cross-border insolvency cases require balancing local and international laws. TRW excels in creditor protection, asset recovery, and legal representation in insolvency courts worldwide.

3. Banking and Finance

TRW provides legal due diligence for foreign loans, ensuring compliance with Bangladesh’s FOREX Act and BIDA regulations.

4. Shipping

The firm’s shipping expertise covers disputes over cargo weight, quality, and delivery conditions. TRW also assists in drafting bills of lading and addressing customs compliance.

5. Information Technology

TRW supports IT firms in data privacy compliance, IP protection, and international e-commerce regulations.

Notable Cross-Border Projects

Conclusion

TRW Law Firm is a pioneer in cross-border legal services, combining in-depth local knowledge with global expertise. From international trade disputes to complex insolvency cases, TRW provides tailored legal solutions to clients navigating the challenges of global commerce. With a proven track record in banking, finance, and M&A, TRW is the trusted partner for businesses seeking strategic legal support in Bangladesh and beyond.