Commercial Dispute Resolution
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.
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–Chambers & Partners, 2020
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–Chambers & Partners, 2019
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–Chambers & Partners, 2018
We are 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 carrier, demurrage claim, release of cargo from Customs, Port Authority and shipping agents, ship owner, 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.
Our experiences are as follows:
- 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.
We provide specialized services including drafting several commercial contracts with different stakeholders, review of various commercial documents & contracts to ascertain whether they are legally valid, protection of legal rights and business interests, the inclusion of favorable terms etc which eventually becomes useful if any dispute arises out of any such commercial contracts or documents.
The firm regularly advises both bankers and businessman on matters related to LC, DA, DP etc. We have specialized knowledge & experience on foreign exchange guidance, UCP600, and INCOTERMS 2010 etc.
The firm provides specialized services including drafting Sales contract and Proforma Invoices etc. Adding useful terms and conditions in sales contract have been proved valuable if the matter goes to court due to the lengthy process of recovery in Bangladesh. Over the years, we have advised several carriers, banks, buyers, and sellers on issues related to Bill of Lading, Charter party, Indemnity, etc. Our expertise in carriage law is clearly evident from the reported landmark decision as reported on Freight Management and 16 others vs Bangladesh Bank 2 CLR (HCD) 586; 19 MLR (HCD) 336.
In recent years, we have advised Maersk Line, Denmark & Bangladesh in preparing indemnity letters, contracts with shippers, etc. The firm has in depth knowledge & experience in dealing with freight forwarding and C & F related issues. Our clients found it critical and very useful once they received advice from us while dealing with these matters. 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.
We provide due diligence report to our client on trade-related tax, vat and customs issues so that they can plan even before commencing trade. Clients often take our assistance in calculating applicable customs duty, source tax and advance trade VAT based on different HS Codes. Our due diligence report varies depending on several issues, e.g. the nature of import and export, the nature of the business sector, applicable exemption etc. Further details in this regard are available in our respective practice area of “VAT, Tax and Customs Matters”.
The central bank custom houses under National Board of Revenue (NBR), port authorities under Department of Shipping operate under several laws, SRO, circulars, regulations, on which the firm has gathered its experience and expertise.
Our Related Clients
- 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.
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)