Cross Border Matters

Rahman’s Chambers is one of the leading Firms in Bangladesh for Cross Border related matters and disputes.  Our lawyers have successfully argued before higher courts over a number of cross border maters notably the landmark decision reported in 2 CLR (HC) 586; 19 MLR (HC) 336. We have accumulated significant expertise and a wide array of clients worldwide from many sectors. Our expertise covers cross border banking, international trade, M&A etc. Chambers and Partners 2023 Global guide ranked us for our cross border works for consecutive seven years and says “Rahman’s Chambers has a specialist shipping law practice in Bangladesh, covering the full scope of maritime issues including ship arrests, marine insurance, bills of lading and admiralty. The team is also active on collision cases, often representing international P&I clubs and shipping companies. Additionally has a recognised practice in such areas as business formation, M&A and employment matters, alongside energy, infrastructure and real estate matters. Advocates at the firm are knowledgeable on restructuring and insolvency procedures.”

“Additionally has a recognised practice in such areas as business formation, projects and energy, real estate and employment matters.

-Chambers & Partners GLOBAL, 2020 

“Specialist shipping practice covering the full scope of maritime issues including ship arrests, marine insurance, bills of lading and admiralty. Also handles shipbuilding matters, as well as ownership disputes, mortgage claims and cargo damage claims. Offers further capabilities in international trade and commercial litigation. Acts for a range of clients including shipowners, operators and P&I clubs.”

-Chambers & Partners GLOBAL, 2019 

Chambers has been ranked for “Corporate and Finance” for consecutive years.

– Chambers & Partners, 2023-2021

“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

Rahman’s Chambers has been ranked for shipping. “Offers further capabilities in international trade and commercial litigation”

– Chambers & Partners, 2019

“Their response times are excellent and they make you feel generally very well informed.”

– Chambers & Partners, 2018

Over the years the Firm has been engaged by Clients to deal with a number of cross-border matters notably, as given below:


  • We have advised a multinational cooperation involving issuance of share against machinery or equipment lying in Bangladesh, equipment rent, gift and related forex transactions.


  • Advising Bangladeshi creditor in recovering dues from a major garment retail company in Poland adjudged bankrupt through insolvency court in Poland.
  • We have advised a leading leather company on legal issues and possible exit involving the cross-border insolvency of an Italian company, a joint venture partner in a subsidiary company in Bangladesh.
  • We have successfully advised and assisted in initiating proceedings of bankruptcy for an Indian company MI Industries Pvt. LTD against a Bangladeshi company Ha-meem group resulted in out of court settlement.


  • We have advised our client over a dispute involving fraudulent delivery of cargo from another country in an international trade-related dispute where we have assisted the client in recovery loss & damage by launching proceedings in the country of origin.
  • We have worked with Allen & Gledhill LLP, Singapore in advising our common client, CR3, on a complex issue involving failure to make payment against a supply. The complexity was arising due to the forex regulation and also dollar crisis in the market. We were successfully able to initiate the negotiation between the parties by taking appropriate legal steps and also provided possible solution available under Bangladeshi laws.


  • We have advised A.P. Moller Maersk Line head office over issues relating to the compatibility of various shipping terms & condition, cargo discharge under foreign exchange regulation. This assisted in framing new policies affecting Bangladesh, India, Pakistan and the countries that have similar legislation.


  • We have successfully advised and assisted Oriental Container Line regarding the takeover of the company by another OOCL; a Hong Kong-based company as part of a global takeover.
  • We have advised a Cyprus based company IQ Option Europe and IQ Option International on several aspects involving IT and e-commerce and also the impact of the forex rules and regulations over operating and making a transaction through mobile applications from Bangladesh which primarily targeted for their retail clients globally.
  • We have conducted several due diligence for LDA Capital, involving security laws of Bangladesh, and assisted a US-based client in structuring a complex transaction involving Backstop Liquidity Facility (BLF). We were also involved in the negotiation of the transaction involving investment in a listed company in Bangladesh.


  • We have advised both international lender banks and borrowers over several aspects of international banking involving Bangladesh as follows: (a) international lending after due approval of BIDA, both sole and club/syndicated loan basis with other lenders along with drafting and perfecting security documents. (c) International trade finance related claim and litigation (d) International factoring for a major global lender.
  • We have advised and conducted due diligence for European Delegation in Bangladesh and European Investment Bank (EIB) in a project involving loan associated with climate change. The due diligence in particular addressed the compliance with EIB guideline.
  • Advised and assisted in the process of a local client securing BIDA permission for a foreign loan. Due to the crisis in the Dollar market, it seems that getting permission is relatively less complex now. The government may reconsider the usefulness of FOREX laws and regulations under the present situation taking into account the events that took place in recent times.


Expat Earning 

  • We have advised client on local labour laws and foreign exchange regulation requirements on payment of salary and other benefits to the expat employees.
  • We advised Li & Fung on forex regulations involving payment of salary of expat employee working in Bangladesh and remittance of the same to their home country and related issues.

Agency Payment 

  • We advised our client on several legal issues involving forex regulation, agency laws, banking regulations, shipping laws, etc. while dealing with issues relating to failure to remit freight.

 Equity Investment & Exit 

  • We have advised and assisted our client in issuing redeemable preference shares and also allotting the same. The several entities of the multination company and such compliance with local law as well as laws of different jurisdictions had to be ensured. The work was particularly complex due to existence of forex regulations impacting redemption and remittance in foreign currency, etc.

letter of credit/TT

  • We advised Daraz on import policy, forex regulation involving opening letter of credit/TT, appointing indenting/local agent, digital commerce/e-commerce regulation, customs formalities involving temporary import, transfer pricing issue in relation to establishing a legally complaint business modality.

  • We were able to successfully resolve a dispute between a MNC (Buying House), an apparel brand and local supplier. We were able to persuade BGMEA to drop an arbitral proceeding for not having jurisdiction.

Exchange Rate 

  • We conducted Due Diligence for client on matters pertaining to the fixed “Uniform Dollar Exchange Rate in Bangladesh” specifically on inward remittance, from the relevant circulars, notifications issued by the central bank of Bangladesh, namely the Bangladesh Bank (“CB”) and relevant associations such as the Association of Bankers Bangladesh Limited (“ABB”), the Bangladesh Foreign Exchange Dealers’ Association (“BAFEDA”) etc.

Profit Repatriation 

  • We have advised a major accounting software company on a wide range of complex legal issues, including payment mechanisms, forex regulations, e-commerce, outward remittance, data privacy, and server location. Our team of experienced lawyers worked closely with the company to understand their unique needs and develop tailored solutions.

Practice Guide – International

Bangladesh is one of the leading manufacturers of garments, pharmaceuticals, and leather goods. The volume of international trade in different parts of the world is increasing due to the expansion of trade. 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, the default in payment, etc. Besides, large numbers of cross-border disputes are also taking place in relation to the payment, investment, shipping. In the absence of an 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 the Court of law. Forum shopping is, historically, challenging work as contesting parties rarely reach an agreement on a forum (For more details on Private International Law please click here). The legal service in cross-border matters is complex, as it involves knowledge and expertise in different jurisdictions. From the Bangladeshi context, cross-border legal services required in the area of international trade, insolvency, shipping, information technology, share accusation, etc. As a leading law firm, we had the opportunity to deal with a number of cross-border matters.

Cross-Border disputes involving international trade is very common. Disputes arise from several reasons e.g. misdelivery of cargo, non-payment, defective cargo, shortfall etc. In the absence of suitable arbitration clause, resolving such disputes is always a difficult task. Accordingly non-contentious legal support for vetting e.g. trade documents proved very fruitful which allows clients to avoid significantly various legal risks and losses.

Due to several factors involving money market including interest rate, global lenders are becoming more and more popular in Bangladesh amongst borrowers. Although foreign lending requires prior approval, however, the same has been granted in several occasion by BIDA in recent times. Foreign lending is critical in terms of recovery and also security documentation. Disputes resolution mechanism has to be chosen very carefully. Hence legal due diligence is very important.

Our senior lawyers have deep understanding of projects finance transactions involving PPP projects, who have experience of drafting and negotiating several finance documents for sponsor with Multilateral development banks e.g. Islamic Development Bank, international financial institutions e.g. IFC, development financial institutions like DEG, FMO, OFID, Regional development banks e.g. ADB.

Insolvency of a company, having invested in a subsidiary located in another country, makes a significant impact on the business and operation of that subsidiary company and due to a significant number of investment by the number of multinational companies, need for legal services for cross-border insolvency is also increasing.

Shipping companies, port authorities and customs authorities’ deals with huge quantities of various cargos originated from different countries. In Shipping, common disputed areas are misdeclaration of cargo, shortfall, misdeclaration of weight, quantity and quality etc. Such disputes are essentially cross-border disputes involving laws and regulations of more than one jurisdiction. Both contentious and noncontentious legal supports are required.

Cross-Border legal service on Information Technology (IT) matters is a very common affair. IT companies and consumers both require legal support involving IP, Cyberlaw of another jurisdiction. Protection of IP is an extremely important factor for IT companies; on the other hand data privacy of consumers is becoming a global concern requiring cross-border legal advisory support.

Global take over or buying or selling of shares in a company located in another jurisdiction is clearly a cross-border transaction. Multinational companies and foreign investment companies frequently take the services of lawyers in cross-border share acquisitions work which involves due diligence, valuation signing agreements and few other formalities.

Related Resources - Library

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 Services Include

  • Cross Border claim
  • Conflict of law matters
  • Cross border litigation
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