Alternative Dispute Resolution
Alternative dispute resolution means arbitration, mediation, negotiation. Arbitration can be both local and international. Generally, parties are prompted to arbitration and mediation if it is provided in contract signed by the parties much before the dispute arises. On the other hand, parties are open to choose to arbitrate or mediate if the same are referred or encouraged by a Court in any pending litigation.
Irrespective of the reason which lead parties to ADR, generally in most cases it is time saving and also cost efficient. It helps the parties to retain their privacy and confidentiality and their relationships. whether it is arbitration, mediation or negotiation conducting these proceedings requires significant skill and expertise of the service provider. Arbitration, Mediation and ADRs are one of the core areas of practice of Rahman’s Chambers. It has a separate department comprising three lawyers who are responsible for matters related to ADRs.
Mr. Rahman was present while BIAC signs deal with Permanent Court of Arbitration along with Hon’ble former chief justice, Hon’ble Ambassador, retired justice, senior advocates, specially Mr. Ajmalul Hossain QC, CEO and Chairman of BIAC. Rahman’s Chambers was involved with the very first Mediation of BIAC also works with BIAC for long time on Arbitration, Mediation and other ADRs matters.
The ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm.”
– Legal 500, 2018
“Their response times are excellent and they make you feel generally very well informed.”
– Chambers & Partners, 2018.
We have significant experience of dealing with all form of ADRs mostly in the capacity as a counsel. The Chambers acted as counsel for builders, land owners, banks, central bank, power sector companies, ship-owners, contractors, employers etc either for negotiation, mutual consultation, mediation and arbitration, both adhoc and institutional. We have gained sound knowledge and experience while handling ADR matters for Shipbuilding, construction, information technology, banking and other industries.
Due to work experience of Mr. Rahman with Mr. Ajmalul Hossain QC, a seasoned and renowned international arbitrator, Mr Rahman was involved with all sorts of ADRs form the very beginning of his career in law since 2004. He is the very first Fellow of Hong Kong Institute of Arbitrators and associate member of Singapore Institute of Arbitrators from Bangladesh. Mr. Rahman is a CEDR accredited mediator.
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.
Our completed ADRs are as follows:
- Power : Summit Power Limited vs. BPDB
- Power : Smith Co-generation (BD) Ltd. vs. BPDB and GOB
- Power : Quantum Power vs BPDB
- IT : Infotech Pte Ltd vs Bangladesh Bank
- Shipbuilding : Ananda Shipyard and Slipways Ltd vs. Komrowski Maritim GMBH, Germany
- VAT : Grameen Danone Foods Ltd vs. Customs, Excise and VAT Authorities (ADR from Appellate Tribunal)
- Construction: Knight Frank Dev Ltd vs Atal Properties Ltd.
- Banking : IDCOL V Bhelbazaar; IDCOL V Samaj Unnayon
Please find a separate page for matters pertaining to International Arbitration.
The Chambers has successfully completed arbitration for Knight Frank Development Ltd. in the area of construction & engineering. The Chambers represented the developer before the tribunal and argued on legal implications of Joint Venture (JV) Agreements, Mortgage, Power of Appointment (POA) and several contractual terms and conditions involving termination, force majeure, delay, contractual remedies etc.
On the other hand very recently, we have successfully represented Infrastructure Development Company Limited (IDCOL) and were successfully able to convince the tribunal to pass awards in our Client’s favor in two disputes, both involving recovery of outstanding dues. The award for both of them is currently in their execution level.
The Firm provides complete service as local counsel and drafting claim or defense several application, representing clients before tribunal, examination-in-chief, cross-examination, argument etc. Besides the chambers also assist clients by filing relevant application before relevant court of law for appointing arbitrator, injunction etc. The chambers have substantial experience in assisting client in both institutional arbitration i.e. BIAC and also ad-hoc arbitration.
The ADR team is composed of trained lawyers. The chambers were involved in the very first mediation conducted by BIAC involving dispute between share-holders. Mr. Rahman has been appointed as Mediator by the BIAC in 3 mediation cases. Where one of the parties are banks and the other parties are borrower. The mediation is ongoing as of now.
Our firms was involved in several negotiations and mutual consultation process on several matter for eg. out of Court settlement of a number of Admiralty suits, negotiation over land transactions, participating in negotiating meeting for the Client etc.
The Chambers represented Central Bank in a high profile negotiation and mutual consultation involving a million dollar dispute involving the implementation of national payment switch throughout the country by a Singaporean IT company.
The Chambers has also 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.
- 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.
Our Related Clients
- Grameen Danone Foods Limited
- Infrastructure Development Company Ltd.
- Bangladesh Power Development Board (past)
- Bangladesh Bank ( past)
- Roshawa Spinning Mills Ltd.
- Quality Timber Ltd.
- Knight Frank Dev Ltd.