Alternative Dispute Resolution
Rahman’s Chambers is one of the pioneers and one of the torch bearers of Bangladesh’s institutional local arbitration and mediation. We were the legal counsel of the claimant in the very first Arbitration awarded under Bangladesh International Arbitration Centre (BIAC) rule. The Chambers were also involved with the very first mediation under BIAC rule. Over a period of last 10 years we represented builders, landowners, banks, NBFIs, the central bank, power sector companies, employers in different ADRs of different industries most commonly shipbuilding, construction, information technology, trade. The Chambers and Partners 2023 Asia Pacific ranked Rahman’s Chambers for Dispute Resolution. Their editorial states: “Rahman’s Chambers houses a well-regarded litigation practice in Bangladesh with significant experience in construction disputes. The team also assists clients with arbitration proceedings.” In 2022 their editorial also added “‘One source states: ‘Their solution-based and customer-oriented approach is enormously helpful in reaching the best solution.’ Another client reports that the team is ‘very fast in taking the necessary steps.'”
Rahman’s Chambers has been ranked for Dispute Resolution for the second time, in addition to being consecutively ranked for Corporate & Finance.
– Chambers & Partners, 2023, 2022, 2021
“I have a high-level opinion of them, with one of their strengths being a commitment to delivering on time.”
– Chambers & Partners, 2020
“They always give us suggestions that help us make a good decision”
– Chambers & Partners, 2019
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers & Partners, 2018
Recommended for General Business law
– Asialaw-2021
The ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm.”
– Legal 500, 2018
News Highlight_2019
Rahman’s Chambers was the Legal Counsel for the claimant in the very first arbitration conducted and awarded under the Bangladesh International Arbitration Center Rule. In the local arbitration, the Chambers represented the claimant, a Japanese investor in a dispute involving acquisition of leasehold interest in an EPZ land against a local company of Bangladesh. Mr. Mohammed Forrukh Rahman was lead counsel for Rahman’s Chambers and Mr. Ajmalul Hossain QC was the sole arbitrator appointed by BIAC under its rule. For Full News, please click here. Read More
Our completed ADRs are as follows:
Arbitration:
Commercial & International Trade
- We are acting as a lead counsel for Fakir Fashion Limited in a complex investment and takeover dispute, M&A (share acquisition) pending before a arbitral tribunal formed by mutual agreement between the parties on adhoc basis.
- Our Lawyer, acted as a co-arbitrator and passed the award within three month in a three members arbitration in a dispute involving delay in supplying goods due to COVID-19 related lockdown requiring determination of several complex issues involving force majeure, change in law, frustration, breach and related loss and damages claims involving Electricity Distribution Line Materials.
- Advised a Thailand based LPG Cylinder Manufacturer over contractual disputes involving manufacture and supply of cylinders.
Investment
- We are acting as a lead counsel for Fakir Fashion Limited in a complex investment and takeover dispute, M&A (share acquisition) pending before a arbitral tribunal formed by mutual agreement between the parties on adhoc basis.
- We have assisted our client, Maruhisa Pacific Co. Ltd., in initiating enforcement proceedings based on the arbitral award.
- Successfully completed very first arbitration under BIAC rule involving investment in EPZ for a Japanese investor.
Banking
- We have successfully assisted our client in several application filed in court, challenging the arbitral award given in our clients’ favour.
- Successfully commenced an execution proceeding of an award received from an arbitral tribunal comprising three arbitrators involving the recovery of the payment of loan. The award was delivered in 2020 and award debtor failed to show up to comply with the award.
- We have successfully completed four arbitration for Infrastructure Development Company Limited (IDCOL) in the area of Banking and were successfully able to persuade the tribunal to pass awards in our Client’s favor involving the recovery of outstanding dues against Bhelabazar Shamaz Unnayan Sangstha (BSUS) and Kamrul Bio-Gas & Compost Fertilizer Research Development Company Limited. Suits for enforcement of arbitral awards have been filed.
Taxation
- We have successfully resolved VAT claims by the National Board of Revenue (NBR) in favor of our Client Grameen Danone Foods Ltd before a facilitator appointed under ADR mechanism of VAT Act 1991. The Chambers was successfully able to settle the high demand imposed arbitrarily and reduce it considerably, with the help of the facilitator involving significant VAT imposed on alleged misuse of raw materials.
Information Technology
- Provided legal assistance by filing an appeal before Central Procurement Technical Unit (CPTU) for Sonali Polaris F.T. Ltd. in a major IT-procurement matter.
Mediation:
- Upon receiving an appointment as mediator by BIAC we have successfully commenced mediation proceedings between a Bank and Borrows on more than one occasion.
- The Firm was involved in the very first mediation conducted by BIAC involving a dispute between shareholders.
Mutual Consultation/Negotiation:
- We have successfully represented the Central Bank in a high profile negotiation and mutual consultation involving a million dollar dispute involving the implementation of a national payment switch throughout the country by a Singaporean IT Company.
Mr. Rahman was involved with all sorts of ADRs from the very beginning of his career in law since 2004. In 2018 Mr. Rahman is enlisted in the prestigious Panel of Arbitrators of SAARC Arbitration Council (SARCO). He is the very first Fellow of Hong Kong Institute of Arbitrators from Bangladesh. He is a CEDR accredited mediator and also a panel mediator of Bangladesh International Arbitration Centre (BIAC). Since 2004, the Firm also has significant experience in handling litigation arising out of arbitration. In BPDB vs. Summit Industrial & Mercantile Corporation Ltd & Others reported in 19 BLC (2014) 284; 2 CLR (HCD) (2014) 73, the Chambers successfully challenged the appointment of the arbitrator on the ground of Bias.
Practice Guide – Commercial (ADR)
Alternative disputes resolution comprising arbitration, mediation & negotiation or mutual conciliation is gaining popularity in Bangladesh due to several awareness initiations from different corners. Business communities are now more or less aware of ADR nowadays. The dispute resolution clauses in the agreement covering all three mechanisms are generally found in most contracts, for example, construction, commercial, joint venture agreements etc. Besides that our civil procedure code makes it mandatory for the court to try ADR before proceeding for trial. Due to long delays in resolving disputes in court, ADR is gaining popularity within Bangladesh. Our firm is witnessing increasing numbers of local arbitration & Mediation for the last few years. A separate team of lawyers is assigned for effective disposal of the matters in this area.
International Arbitration:
Please find a separate practice area for International Arbitration.
Local Arbitration:
Arbitration is binding when it is found in a contract. The arbitral award of an arbitration proceeding shall be final and binding upon the parties and only on limited grounds an arbitral award can be challenged. In a standard arbitral proceedings parties need to file statements of claim, defense, produce witnesses and exhibits and they also need to place closing statements. Local arbitration can be conducted by the institution i.e. BIAC and it can also be on an ad-hoc basis.
Mediation is a speedy, cost-effective and private form of alternative dispute resolution. It is a way of resolving disputes between the parties with the assistance of a neutral third party mediator. The role of the mediator is only to assist the parties in reaching their own decision to resolve a dispute. Meditation is also a binding process when it comes from a contract. Mr. Rahman is an accredited mediator and has extensive experience in mediation. He has been appointed as Mediator by BIAC in several mediation cases. Under the leadership of Mr. Rahman, the Chambers has successfully mediated a number of mediation cases. The Chambers has an experienced ADR team mainly composed of trained lawyers, working under the guidance of Mr. Rahman.
The Chambers has extensive experience in negotiation, mutual consultation and other statutory ADRs. We were involved in several negotiations and mutual consultation process on several matters for e.g. out of Court settlement of a number of Admiralty suits, negotiation over land transactions, participating in negotiating meeting for the Client etc.
Related Resources - Library
We have a rich library with a mixture of printed and online legal databases. We have printed version of All England Commercial Cases, Indian Digest of Supreme Court cases, Yearbook Commercial Arbitration of Wolter Kluwer and most law reports of Bangladesh. We subscribe to the online legal database Manuputra providing access to most reputed law reports. Read more
Our Related Offices
Our offices are strategically located at different places serving various goals and objectives e.g. accessibility to clients, mobility of our resources, accessibility to courts, tribunals and different offices, saving time, etc. For ADR related matters, our Gulshan office is ideally located for all arbitration, mediation matters for its swift adjudication of the same, while our Kakrail and Chittagong branch offers the same alternatives depending on the locale’ & convenience of clients.
Our Services
- Counsel for local/international client in local arbitration
- Arbitrator in local arbitration
- Mediator in commercial, corporate and construction mediation
- Counsel in commercial, corporate and construction mediation
- Counsel in Mutual consultation and other form of ADRs
- Facilitator in Mutual consultation and other form of ADRs
- Negotiator for clients.