Cross Border Matters
Bangladesh is one of the leading manufacturers of garments, pharmaceuticals and leathers goods which involves a high volume of international trade in different parts of the world. As trade volume grows, so does the number of cross border disputes and claims at the same time. The disputes usually concern international trade and commerce involving loss of cargo, defective delivery of cargo, default in payment etc. Besides, large number of cross border disputes are also taking place in relation to payment of loan, investment, shipping. In the absence of any arbitration clause the only recourse available is to rely on the conflict of laws principle and select appropriate forums where the matter can be brought before Court of law.
Forum shopping is, historically, a challenging work as contesting parties reach an agreement on forum. The legal service is cross border matter which also challenging as it involves knowledge on different jurisdiction, legal and other resources. As a leading law firm in international trade and commerce and also admiralty laws, we have the opportunity to deal with a number of cross border matter.
– Chambers and Partners, 2018
The ‘very responsible, responsive and knowledgeable’ Mohammed Forrukh Rahman heads the firm
– Legal 500, 2018
The Chambers’ Cross Border Disputes practice commenced when Mr. Mohammed Forrukh Rahman successfully represented the Central Bank in international trade disputes involving loss of cargo due to false delivery in the land mark decision reported in 2 CLR (HC) 586; 19 MLR (HC) 336.
Over the years the Firm, has been engaged by Clients to deal with a number of cross border claims notably, as given below:
- We represented UK P&I Club and the owner of M.V. SUPRAMAX VIVI in another collusion matter which took place in Bangladesh but the Parties chose Singapore are a forum and decided not to appear before Bangladesh Courts.
- As Bangladesh counsel we worked together with HMV and were actively involved in advising, drafting based on conflict of law principles challenging the jurisdiction of Singapore.
- We advised our client over a dispute involving fraudulent delivery of cargo from another country where we actively participated in issuing legal notice and also contacting lawyer of that country to bring a proceeding against the suppliers
- We advised A.P. Moller Maersk Line over issues involving shipment and exchange control regulation of a letter of indemnity effecting Bangladesh, India, Pakistan and the countries who have legislation and provided them with concrete advise which was later implemented with regards to shipping date