Commercial Dispute Resolution
Rahman’s Chambers, is one of the key players in handling litigation in the area of commercial laws involving LC payment, payment under Proforma Invoice or Commercial contract, stoppage of LC payment, money claim under LC or back to back LC, claim against the carrier, demurrage claim, the release of cargo from Customs, Port Authority and shipping agents, shipowner, trade fraud involving house bill, bank endorsement, amendment, GSP certificate, etc. We are advising and representing Clients dealing with international and local commercial matters in different capacities for nearly a decade. Top legal directory Chambers and Partners Asia Pacific 2021 ranked us as under Spotlight for shipping which include all Commercial matters. Mr. Mohammed Forrukh Rahman is raked for Dispute Resolution, which includes commercial dispute resolution and reviewed: “has excellent and wide exposure in his profession, and is impressive in handling legal issues with aplomb.”
–Chambers & Partners, 2021
“Another interviewee reports: “I have a high-level opinion of them, with one of their strengths being a commitment to delivering on time.”
–Chambers & Partners, 2020
“Offers further capabilities in international trade and commercial litigation.” ; “As one client interviewee explains “he is a knowledgeable and very co-operative person. I have discussed many issues with him and he gives me the right suggestions.”
–Chambers & Partners, 2019
“Their response times are excellentand they make you feel generally very well informed..” ; “Successfully represented Bangladesh Bank in a dispute regarding the duties of the carrier under foreign exchange regulations. This was a landmark decision which clarified the legality of the house bill of lading for the sea leg of a journey”
–Chambers & Partners, 2018
“Rahman’s Chambers handles foreign investment and disputes involving corporate transactions…”
–Legal 500, 2018
Rahman’s Chambers is recommended for General Business Law
Our experiences are as follows:
- We have advised owners of a 5-star hotel on issues involving the method of calculatingrevenue to resolve differences of opinion with an international hotel chain.
- We have represented Central Bank successfully in the landmark case Freight Management and 16 others vs. Bangladesh Bank reported in 2 CLR (HCD) 586; 19 MLR (HCD)336 involving the legality of House Bill of Lading/Receive for shipment of Bill of Lading. In 16 Judicial review cases filed against the central bank with regard to the endorsement of House bill of lading without endorsing Master Bill, Chambers successfully contested the cases for Central Bank. MR. Rahman successfully argued on the confusion caused by House bill of Lading. The judgment was reported in two leading law report and is considered by many as a landmark decision.
- We have successfully challenged a documentary fraud on behalf of importer ‘Saturn Textiles Ltd.’ involving the supply of defective fabrics, raw material of RMG, by filing suit in lower court and also higher court and were able to obtain an injunction on payment under Letter of Credit on the ground of fraud in 2013.
- We have successfully represented Hossain Dyeing and Printing Mills Limited, a concern of Anwar Group of Industries in the recovery of the claim for delivery of fabrics under sales contract where payment has been illegally refused by LC opening Bank and later by the buyer under the sales contract. Recently, the Hon’ble Court passed judgment and Order in favor of our client decreeing monetary payment against the buyer after years of battle in Court.
- The Chambers acted for How Are You Textiles Ltd of Taiwan, a 100% foreign owned seller and successfully recovered payment within 6 months by filing both money claim and criminal case over a complicated LC related documentary fraud involving collusion of buyer and buyer’s bank.
- We have successfully represented South East Bank Limited in LC Payment related disputes in Rahul Computex vs. Fahami Apparels Ltd.
Disputes Resolution clause in the commercial contract known as sales contract or proforma invoice is extremely important. Parties dont get the opportunity to amend the clauses once disputes arises. The outcome of the commercial disputes heavily dependent upon the terms and conditions of such contract.
The firm regularly appear before court and in applicable cases Arbitron/mediation (please see Alternative Dispute Resolution) on matters related to LC, DA, DP etc. We have specialized knowledge & experience on foreign exchange guidance, UCP600 etc. Maturity of payment, standard of examination of document, discrepancy, prior acceptance etc are common areas of disputes and are very meticulously analyzed by the Chambers.
The firm has in depth knowledge & experience in handling freight forwarding and C & F related disputes. The landmark case Freight Management and 16 others vs Bangladesh Bank reported in 2 CLR (HCD) 586; 19 MLR (HCD)336 where the firm has successfully argued before Hon’ble court on the roles of freight forwarder and carrier under existing laws is a testimony of the firm’s ability.
Practice Guide – Commercial
Commercial and International Trade is a complex area of law. Specializing in this subject requires in-depth knowledge as well as practical experiences. Although Bangladesh is witnessing significant growth in Garments and Textiles sector and few other sectors, there are issues associated with awareness of laws, regulations and best practices for international trade. There are significant volumes of cases pending involving Commercial transactions and also notable claims arises regularly which involves Cross-Border Transactions. Bringing Cross Border claim by initiating arbitration process or by filling litigation in different territories are not very uncommon in a situation where parties avoided seeking legal assistance at early stages of trade documentation. Accordingly, Legal representation for local and international buyers and sellers, Banks, Carrier, Stevedores are frequently required within national territory and sometimes internationally. Rahman’s Chambers is one of the leading Law Firm in the area of Commercial Litigation and dispute resolutions.
Our Related Clients
- Gildan/GAB Ltd
- Saturn Textiles Ltd.
- Padma Ltd.
- How Are You Textiles Industries Ltd.
- South East Bank Ltd.
- First Security Islami Bank Ltd.
- Bangladesh Bank
- Anwar Group of Industries
- Hawell Textiles Ltd.
- Ernt Komrowski Holding KG(Co & GmBH)
- Recovery of outstanding under proforma invoice or sales of goods contract.
- Recovery of raw materials, goods supplied.
- Commercial arbitration, both local & foreign.
- Disputes on customs clearance and port charges.
- Disputes on carrier and freight forwarder charges.
- Release/retention of cargo through court order.
Related Resources - Library
The value of law reports in the legal profession cannot be overemphasized. They can be regarded as the life-wire of the legal profession. 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 Links
- Article: Urgent Need for a Commercial Court in Bangladesh (Vol. 2 of 2014).
- Article: Solving disputes by Commercial Mediation: A logical approach in Bangladesh (Vol. 1 of 2013)
- Article: Interim Measures in International Commercial Arbitration (Vol.2 of 2012).
- Article: Object Clause vs. Third Party Mortgage/Guarantee (Vol. 2 of 2010)