Mr. Mohammed Forrukh Rahman is one of the leading legal practitioner of Bangladesh. Chambers and Partners 2023 Asia Pacific Guide ranked Mohammed Forrukh Rahman for Dispute Resolution for the third time and stated “a well-established dispute resolution lawyer in Bangladesh. He is particularly praised for his knowledge and experience in arbitration, and he has expertise in bankruptcy, construction, energy and shipping cases. The Chambers 2022 editorial says: A client describes him as “very adept in his profession” and highlights the “wide exposure and knowledge” he is able to draw on.“
Chambers and Partners 2023 Asia Pacific Guide ranked Mr. Rahman as notable practitioner for his Shipping works says: “Mohammed Forrukh Rahman is particularly recognised for his expertise in shipping law matters in Bangladesh.
Chambers and Partners 2023 Global Guide covering International works ranked him and reviewed as follows: “Forrukh is always very responsive and provides clear commercial advice.”
In 2022, he has been named as one of the top 50 lawyers of Bangladesh in Asia Business Law Journal’s A-List Lawyer.
Mr. Mohammed Forrukh Rahman is an Advocate of Supreme Court of Bangladesh, Appellate Division (the highest court) and all courts below and a Barrister-at-Law of Hon’ble Society of Lincoln’s Inn, London. He obtained Master of Laws (LL.M.) Degree with specialization on International Disputed Resolution with merit from University of London, Post Graduate Diploma in Laws (PGDipLaw) with specialization on Maritime Law with merit and Post Graduate Certificate in Laws (PGCertLaw) with specialisation on Commercial & Corporate from the same University. Mr. Rahman, is a Fellow of Hong Kong Institute of Arbitrators (FHKIArb) and a Member of Chartered Institute of Arbitrators (MCIArb) and Singapore Institute of Arbitrators (MSIArb). He is a panel arbitrator of SAARC Arbitration Council (SARCO) and Shenzhen Court of International Arbitration (SCIA), China also a CEDR (UK) Accredited Mediator. He passed LLB from the University of London in 2002 and BVC from the University of Law, London in 2003. Mr. Rahman is a member of ICC Commission of Arbitration and ADR, Paris.
Mr. Rahman has altogether 17 years of work experience as an specialized in the field of dispute resolution, shipping & cross-border works. For the last 14 years, he is leading the firm as its head of chambers/ managing head. Mr. Rahman completed pupillage under his pupil supervisor, Mr. Ajmalul Hossain QC, Senior Advocate, of A Hossain & Associates, Dhaka office and worked in the firm as as associate from 2004 to 2006. He was a Legal Consultant of Power Cell, Power Division, Ministry of Power, Energy & Mineral Resources and also a member of Legal Counsel, Central Bank Strengthening Project of Bangladesh Bank. He worked in Lee. Khan and Partners, a corporate and finance related law firm (now dissolved) for a short duration in 2003.
Mr. Rahman leads Dispute Resolution, Shipping (Shipping Department; Commercial departments) and International Division (International Department; IT & IP Department). Under his leadership all three divisions he leads are ranked by leading Chambers and Partners.
The Head of Chambers/managing head, equivalent to managing partner, is responsible for the overall affairs of Rahman’s Chambers in its entirety, whether it is legal issues, management affair, client handling etc.
Mr. Rahman leads our Dispute Resolution department. As a lead counsel for last 17 years he argued in a number of cases involving different issues e.g. banking, natural justice, white collar crime, debt recovery, insurance, credit information, tenancy, labour and employment etc in different forum including High court, judges court, arbitral tribunals and Other statutory tribunals. Two dozens of cases have found their place in the leading law reports of Bangladesh. In very complex matters, Mr. Rahman also appears with Mr. Ajmalul Hossain KC, Senior Advocate before different Hon’ble High court Bench. The successful team effort also resulted in a number of reported, ground-breaking decisions setting precedents e.g. 69 DLR (2017) 408, 70 DLR (2018) 409.
The notable works of Mr. Rahman are as follows:
- Successfully argued Natural justice in Amjad Hossain vs. Bangladesh Bank reported in 17 BLC (HC) 188;
- Successfully argued Insurance related claims in Abdul Jalil vs Artha Rin Adalat reported in 67 DLR 475.
- Argued for central bank in the high profile “Rana Plaza” case involving negligent liability of the owner, causing tragic death of 1000+ people due to collapse of the defective building.
- Represented successfully in an arbitration for Knight Frank Development Ltd. in the area of construction & engineering. We 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.
- Successfully conducted hearing of writ petition involving gas line connection related disputes through dedicated line 150 psi 12- inch gas line for TM Textiles and Garments Ltd reported in 6 CLR (HCD) (2018) 65,70 DLR (2018) 409.
Alternative Dispute Resolution
- Acted as a co-arbitrator and passed the award within three month in a dispute involving delay in supplying goods due to COVID-19 related lockdown requiring determination of several complex issues involving force majeure, change in law, frustration, breach and related loss and damages claims involving electricity distribution line related materials i.e. Fuse Cutout and Fuse Barrel.
- Successfully represented client in the very first arbitration under BIAC rule involving investment. Mr. Ajmalul Hossain KC was appointed as the sole arbitrator. The award delivered by Mr. Hossain KC sets a precedent for the future awards under BIAC rule.
- Successfully conducted hearing involving VAT related ADR between Grameen Danone Foods Ltd vs. Customs, Excise and VAT Authorities
- Appeared as a counsel successfully in an IT related negotiation between Infotech Pte Ltd vs Bangladesh Bank
- Appeared as a counsel in an banking related arbitration between IDCOL and several other borrowers
- Successfully conducted hearing of Arbitration application involving BPDB vs. Summit Industrial reported in 19 BLC(2014)284; 2 CLR(HCD) (2014)73
- Appeared as a counsel in a power plant related arbitration between Summit Power Limited vs. BPDB
- Appeared as a counsel in a power plant related arbitration between Quantum Power vs BPDB
Mr. Rahman with Mr. Ajmalul Hossain KC, Senior Advocate
Vat, Tax & Customs Disputes
- Successfully conducted hearing of Income Tax reference disputes between Grameen Danone Foods Ltd vs Commissioner of Taxes reported in 6 CLR (HCD) (2018) 25.
- Successfully argued before High court for our client Gildan in a dispute involving classification of AI enabled product used for garments and textile sector and also appeared before a high powered committee of NBR formed for determination of classification of complex ICT products.
Banking and Finance Disputes
- Appeared for central bank from 2008 till 2015 on various complex banking litigation issues and also acted as counsel over various major complex banking litigation involving a local and cross-border transaction.
- Conducted hearing of writ petition involving CIB Report of Nominee Director and Share Transfer: M. Akbar and Another vs Bangladesh reported in 70 DLR(2018) 52, 5 CLR(HCD)(2017) 307& 23 BLC(2018) 126
- Successfully argued in Cheque Dishonour matter between Hasan Ali vs The State and Another reported in 4CLC(HCD)17
- Winding up of United Airways (BD) LTD, on behalf of major Canadian engine supplier in an attempt to recover leased engine and outstanding rental and MI Industries (India) Pvt. LTD over bankruptcy matter.
- Successfully conducted hearing of writ petition involving Organizational Restructure in Md. Shamsuddin and 256 others vs Bangladesh reported in 2 CLR (HCD) 523
Capital Market Disputes
- Legal action against SEC on refusal for permission in raising capital for private investment for Saturn Textiles Ltd.
Real Estate Disputes
- In a sensational matter, widely covered in news media, involving eviction of property located in a prime location of Dhaka between Moosa Bin Shamsher vs. Ayub Ali & Others reported in 2 LNJ (2013) 18 etc., Mr. Rahman successfully argued before Hon’ble court and finally were able to assist client in recovering its possession.
Mr. Rahman is the head of Shipping Division (Shipping Department; Commercial Department). As a counsel, he appeared before Admiralty Court of High Court Division in several shipping matters e.g. collision, bunker claim, mortgage claim, ownership disputes, charter-party disputes etc. He was the lead counsel in the ground breaking case namely Freight Management and 16 others vs. Bangladesh Bank involving legality of House Bill of Lading. Starting with the most recent, notable works of Mr. Rahman are as follows:
- Successfully argued in the mater of 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.
- 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.
- Successfully argued in the landmark decision given in the matter of Ship Finance and Jurisdiction of Admiralty court between First Security Islami Bank Ltd vs MV Javed and others reported in 69 DLR (2017) 408
- Successfully argued in the matter of Freight and Charges involving Maersk Bangladesh Limited vs Bangladesh reported in 4CLC(HCD)79.
- Successfully argued in the matter of LC Fraud (Hallmark case) Alvi Spinning Mills Ltd and others vs Govt. of Bangladesh reported in 19 MLR(HCD)277.
- Successfully argued in the landmark case between 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 2 CLR (HCD) 586; 19 MLR (HCD)336,
- Successfully argued Admiralty and Maritime claim involving Marodi Services vs MV Swift Cro. Reported in 2 CLR(HCD) (2014) 456
-Dr. Klaus Kostka, Partner, Fleet Hamburg LLP, Germany
- Advised Maersk Bangladesh Limited and also A.P. Moller –Maersk, Denmark by preparing templates for Letter of indemnity suitable for Bangladesh and also other jurisdiction, for example, India, Pakistan where there exist foreign exchange control regulation.
- Conducted due diligence over customs duties etc. on specific products for VVD, India and Godrej, India.
- We have advised G.A.B Limited, a concern of Gildan Active-wear Bangladesh and a Multi-National Company on different custom formalities involving bonded warehouse matters allowing exemption from import duty for 100% export oriented import and extension of a bonded area in different locations.
- Successfully argued before Hon’ble Mr. Justice Sheikh Hassan Arif And Hon’ble Mr. Justice Ahmed Sohel in a civil revision involving stopping payment under a letter of credit on the ground of fraud. Our client, an MNC, the beneficiary and the supplier of food grain. The Hon’ble Court was pleased to discharge the rule and vacated the injunction granted back in 2016 as the fraud allegation was unfounded.
- 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.
Mr. Rahman is the head of the International Division (comprising International Department; IT & IP Department). He has been involved in several cross border contentious matters namely international arbitration, cross border shipping and commercial litigation involving private international law issues, insolvency, acquisition etc and also issues involving International law such as taxation, investment, etc were handled by him. Starting with the most recent, notable works of Mr. Rahman are as follows:
- In 2018 advised Bunge S. A., Switzerland involving claim for hire by disponent owner in relation to cargo discharged in Bangladesh on different aspect of applicability of local arbitration laws in an international arbitration pending in LMAA.
- In 2018 advised MAN Industries (India) Ltd. of India involving disputes over issuance and acceptable of notification of award in an international tender for supply of steel leading to Singapore International Arbitration Center (SIAC).
- Successfully assisted Komrowski Maritim GMBH on several aspect of international arbitration pending before LMAA and GMAA in a disputes involving shipbuilding contract between Ananda Shipyard and Slipways Ltd vs. Komrowski Maritim GMBH, Germany
- Advised enforcement issues between Smith Co-generation (BD) Ltd. vs. BPDB and GOB
- Assisted Client as a legal consultant in an arbitration proceeding pending before the International Cotton Association (ICA) in a dispute involving the supply of cotton.
Mr. Rahman is appointed as a delegate of ICC Commission on Arbitration and ADR in 2022. This 100 years old prestigious think tank provided the first draft of Convention on the Recognition and Enforcement of Foreign Arbitral Awards. (New York, 1958)
International law & cross border matters
- Represented UK P&I Club and the owner of M.V. SUPRAMAX VIVI in a 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 HFW, an international law firm and were actively involved in advising, drafting petition based on private international law principles challenging the jurisdiction of Singapore.
- Assisted a Bangladeshi creditor in recovering dues from a major garment retail company in Poland adjudged bankrupt through insolvency court in Poland.
- As a lead counsel, successfully advised and assisted Oriental Container Line regarding the takeover of the company by another OOCL entity; a Hong Kong-based company as a part of a global takeover.
- Advised A.P. Moller Maersk Line head office over issues involving shipment and foreign exchange control regulation, effective cargo discharge regulation. This assisted in framing new policy affecting Bangladesh, India, Pakistan and the countries who have similar FOREX regulation.
- Due diligence on flag vessel registration and merchant shipping law & regulations of Bangladesh and also international conventions & laws in this regard, including WTO agreements, for a shipping line and also advised them on several matters including possible changes in law and dealing with amendments proposed and also registration of vessel under Bangladesh flag related issues.
- Advised a bank on obligation to sharing financial accounting information, tax residency data for members of OECD countries under multilateral tax treaty on profit shifting etc.
- Assisted our client in forming a JV with a MNC for design, manufacture and supply of waste water treatment plants for industrial wastewater in the field of textile, petro-chemical, pharmaceuticals, food etc.
IT & IP Department
- Assisted client on the infringement of its Trademark and possible steps available under civil/criminal jurisdiction
Information Technology & Outsourcing
- Advised clients from different jurisdictions on several cross border agreement on making software and apps from Bangladesh.
Corporate & Finance
Chambers and Partners 2023 Asia Pacific Guide ranked Mohammed Forrukh Rahman for Corporate and Finance for consecutive seven years and states “assists clients with M&A and employment law. The Chambers 2022 editorial says: Market sources describe him as “a very competent lawyer.” The notable works of Mr. Rahman are as follows:
- 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”).
- Advised client in a complex restructuring deal involving privatization and lease of the entire facility of Bangladesh Jute Mills Corporation (BJMC), once a major foreign exchange earner by exporting golden fibre (jute).
- Takeover of an OOCL company as part of a global takeover, Corporate reorganization of a major leather company and a major foreign investment company in garments and textiles sector among its shareholders.
- Was involved in a number of major syndications, project finance transactions for City Bank Ltd and drafting of several laws, circulars, regulation and guidelines for Central bank.
- Advised Power Cell over procurement matters, drafting PPA, LLA, IA etc for small IPP, IPP and rental projects while he was acting as a Legal Consultant on a fulltime basis for Power Cell, Power Division from 2007 to 2008.
Starting with the most recent, notable works of Mr. Rahman are as follows
- Advised our Client, OTJ – Joint Venture, one of the main contractor of the Bangabandhu Sheikh Mujib Railway Bridge Construction Project (the largest railway bridge in Bangladesh which is located on the Jamuna river), involving its rights arising under a bilateral treaty to get exemptions from different customs duties.
- Acted as a lead counsel for Unitex LP Gas Limited involving design, supply of equipment, project management, supervision, erection and commissioning of liquefied petroleum gas (LPG) terminal plant and bottling facilities at Chittagong.
- Advised different companies at different stages of the project starting from due diligence of land, taxation and company matter leading to bidding, unsolicited proposal, negotiation of contract based on PPP model or not for China Petroleum Pipeline Construction Bureau (CPP) in a deep sea pipeline construction project, Union Resources on 1320 MW coal-fired Power plant project and NTPC on a major 1320(2 x 660) MW coal-fired power project on PPP basis at Rampal. He also advised EPC contractor notably NEPC in recent years on several issues.
- Advised Power Cell over procurement matters, drafting PPA, LLA, IA etc for small IPP, IPP and rental projects while he was acting as a Legal Consultant on a fulltime basis for Power Cell, Power Division from 2007 to 2008.
- Drafting the very first PPP guideline for Power generation projects for the Power Division, Ministry of Power, Energy and Mineral Resources of Bangladesh and also
- Member, International Bar Association
- Member, New York State Bar Association
- Member, Bangladesh Supreme Court Bar Association
- Member, Dhaka Bar Association
- Member, Barristers’ Association of Bangladesh
- Member of the International Chamber of Commerce (ICC) Commission on Arbitration and ADR, Paris, France from 2022-2025.
- Member, Election Appellate Board, Leather-goods Footwear & Manufacturer’s Association of Bangladesh
- Member, Election Appellate Board, Bangladesh German Chamber of Commerce and Industry (BGCCI)
- Chairman, Election Appellate Board, Leather-goods Footwear & Manufacturer’s Association of Bangladesh
- Legal Adviser, Primary Dealers of Bangladesh Limited
- Retainer, Data Path Ltd
- Retainer, Saturn Textiles Ltd.
- Retainer, UAE-Bangladesh Investment Company Ltd.(UBICO)
- Panel lawyer, several banks and financial institutions and others.
- Regional contributor, World Bank Group, various project
- Income Tax matter: Grameen Danone Foods Ltd vs Commissioner of Taxes reported in 6 CLR (HCD) (2018) 25.
- Power & Energy: TM Textiles and Garments Ltd vs Bangladesh reported in 6 CLR (HCD) (2018) 65, 70 DLR (2018) 409
- Ship Finance and Jurisdiction of Admiralty court: First Security Islami Bank Ltd vs MV Javed and others reported in 69 DLR (2017) 408
- CIB Report of Nominee Director and Share Transfer: S.M. Akbar and Another vs Bangladesh reported in 70 DLR(2018) 52, 5 CLR(HCD)(2017) 307 & 23 BLC(2018) 126
- Cheque Dishonour: Hasan Ali vs The State and Another reported in 4CLC(HCD)17
- Freight and Charges: Maersk Bangladesh Limited vs Bangladesh reported in 4CLC(HCD)79
- Negotiable Instrument: Abdul Mannan vs State and Others 21 BLC (2016) 402.
- Insurance Claim: Abdul Jalil vs Artha Rin Adalat reported in 67 DLR 475
- LC Fraud (Hallmark case):Alvi Spinning Mills Ltd and others vs Govt of Bangladesh 19 MLR(HCD)277,
- Organisational Restructure: Md Shamsuddin and 256 others vs Bangladesh 2 CLR (HCD) 523,
- International Trade: Freight Management vs. Bangladesh Bank 2 CLR (HCD) 586; 19 MLR (HCD)336,
- Admiralty and Maritime claim: Marodi Services vs MV Swift Cro. in 2 CLR(HCD) (2014) 456,
- Arbitration(power plant): BPDB vs. Summit Industrial in 19 BLC(2014)284; 2 CLR(HCD) (2014)73,
- CIB (Banking): Anwar Cement Limited vs. Bangladesh Bank reported in 65 DLR (2013) 97; 40CLC(HCD) 2011,
- Natural justice: Amjad Hossain vs. Bangladesh Bank reported in 17 BLC (HC) 188; 41CLC(HCD)2012,
- Land: Dr.Moosa Bin Shamsher vs. Ayub Ali & Others reported in 2 LNJ (2013) 18 etc.
- Bangladesh Bank Order ( amendment) 2009, Bank Company Ain (amendment) Draft 2009, Financial Institutions Act (Draft) (amendment) 2009 and its translation.
- Money Laundering and Terrorist Finance Act (Draft)
- secured Transaction Act (Draft)
- Guideline on Islamic Banking
- Guideline on Debt and Equity Participation
- Guideline on Public Private Partnership (power sector)
- “Crisis time drafting of commercial contracts” titled Article was published in The Daily Star.
- “Judicial Intervention in Administrative Action: Bangladesh Bank Perspective” titled Article was published in The Daily Star.
- “Preventing money laundering What should be the mechanism?” titled Article was published in The Daily Star.
- “Common International Trade Disputes in Bangladesh” titled Article was published in the BIAC Fifth Anniversary Souvenir.
- “Construction and Engineering Related disputes in Bangladesh” titled Article was published in the BIAC Quarterly Bulletin 2017.
- “Power Sector Related Arbitration in Bangladesh” titled Article was published in the BIAC’s 6th Anniversary Souvenir.
- Master of Laws on International Disputed Resolution (Merit) University of London, UK (2019)
- Postgraduate Diploma in Laws on Maritime law (Merit), University of London, UK (2018)
- Postgraduate Certificate in Laws on Corporate and Commercial law, University of London, UK (2017)
- Bar Vocation Course, the College of Law, London, UK
- Bachelor of Laws (Hons), University of London, UK(2002)
- Higher Secondary Certificate (HSC), Dhaka College, Dhaka.
- Secondary School Certificate (SSC), Dhaka Residential Model College, Dhaka.
Awards & Recognition
- Ranked Lawyer by Chambers & Partners -2022 for corporate and finance (Band II) and Dispute Resolution (Band III)
- Top 50 lawyers of Bangladesh in Asia Business Law Journal’s A-List Lawyer.
- Ranked Lawyer (Band II) by Chambers & Partners -2021, 2020, 2019 for corporate and finance
- Recognized practitioner by Chambers & Partners -2018 for Corporate & Finance
- Recommended Lawyer by Legal 500 -2018
- Recognised Practitioner by Chambers & Partners -2017 for Corporate & Finance
- Recommended by Seapower Shipping for maritime claims.
- Recommended by Komrowski Maritim for international arbitration.
- Recommended by Feet Hamburg for International Trade
- Advocate, Supreme Court of Bangladesh, Appellate Division (2023)
- Barrister-at-Law of Lincoln’s Inn, London (2003)
- Advocate, Supreme Court of Bangladesh, High Court Division (2008)
- Advocate, District & Session Court, Dhaka (2006)
- Panel Arbitrator, SAARC Arbitration Council (SARCO)
- Panel Arbitrator, Shenzhen Court of International Arbitration (SCIA)
- Fellow, Hong Kong Institute of Arbitrators (FHKIArb)
- Member, Chartered Institute of Arbitrators, London (MCIArb)
- Member, Singapore Institute of Arbitrators, Singapore (MSIArb)
- Member, Singapore Chamber of Maritime Arbitration (SMCA).
- Panel Mediator, Bangladesh International Arbitration Center (BIAC)
- CEDR Accredited Mediator, London, UK
- Head of Chambers (2006-today)
- Ex Legal Consultant, Power Cell, Power Division, Ministry of Power, Energy and Mineral Resources, Dhaka (2007-2008)
- Ex Associate, A. Hossain & Associates, Dhaka Office (The chambers of Mr. Ajmalul Hossain QC) & Support Lawyer, Legal Counsel, Central Bank Strengthening Project, Bangladesh Bank for A Hossain & Associates( 2004-2006)
- Ex trainee, Lee, Khan & Partners (2004).
- Bengali (Native)
- English (Fluent)
- Hindi & Urdu (Conversational)