Alternative Dispute Resolution
Alternative disputes resolution comprising arbitration, mediation & negotiation/ Mutual conciliation is gaining popularity in Bangladesh due to several awareness initiations from different corners. Business community more or less aware of ADR nowadays. The dispute resolution clauses in the agreement covering all three mechanisms are generally found in the most contracts, for example, construction, commercial, joint venture agreements etc. Besides 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.
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 in dealing with all form of ADRs mostly in the capacity as a counsel. The Chambers acted as counsel for builders, land owners, banks, the central bank, power sector companies, ship-owners, contractors, employers etc either for negotiation, mutual consultation, mediation and arbitration, both ad-hoc and institutional. We have sound knowledge and experience of conducting 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 from Bangladesh. Mr. Rahman is also 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.
The firm presently handling arbitration on construction, banking Besides we are also handling two mediations in 2017 & 2018, two execution suits have been filed to execute the arbitral awards in the local court.
Our completed ADRs are as follows:
- Power : Summit Power Limited vs. BPDB (Arbitration Proceedings)
- Power : Smith Co-generation (BD) Ltd. vs. BPDB and GOB (Arbitration )
- Power : Quantum Power vs BPDB (Arbitration Related Proceedings)
- IT : Infotech Pte Ltd vs Bangladesh Bank (Negotiation & Mutual consultation)
- Shipbuilding : Ananda Shipyard and Slipways Ltd vs. Komrowski Maritim GMBH, Germany (Arbitration Related Court Proceedings)
- VAT : Grameen Danone Foods Ltd vs. Customs, Excise and VAT Authorities (ADR from Appellate Tribunal)
- Construction: Knight Frank Dev Ltd vs Atal Properties Ltd. (Arbitration)
- Banking: IDCOL V Bhelbazaar; IDCOL V Samaj Unnayon (Arbitration)
Please find a separate practice area for 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 Attorney (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 persuade the tribunal to pass awards in our Client’s favor in two disputes, both involving the recovery of outstanding dues. Suit for enforcement of Arbitral award has been filed for said matters recently.
The Firm provides complete service as local counsel and drafts claim or defense, including several applications, represent clients before tribunals, we have also conducted a number of examination-in-chief, cross-examination and placed argument before Tribunal. Besides the chambers also assist clients in filing the relevant application before the relevant court of law for appointing arbitrator, injunction etc. The chambers have substantial experience in assisting clients 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 a dispute between shareholders. 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 borrowers. The mediations are 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.