Mohammed Forrukh Rahman

Head of Chambers


  • Phone: +8801755574256
  • Email: head@rahmansc.com
  • WhatsApp: +8801755574256

The Head of Chambers is responsible for the overall affairs of Rahman’s Chambers in its entirety, whether it is legal issues, management affair, client handling etc. Out of our 4 Practice Divisions comprising 9 (Nine) Practice Departments, he leads one or two of them. The performance of divisions and departments which are lead by other senior members, are routinely assessed by him. He oversees the management assisted by the coordinator and attache'(s) of branches and experienced management staffs.

Mr. Mohammed Forrukh Rahman is a Barrister-at-Law of Hon’ble Society of Lincoln’s Inn, London and Advocate, Supreme Court of Bangladesh. He was called to the Bar by Hon’ble Society of Lincoln’s Inn in 2003. He obtained Master of Laws (LL.M.) Degree with specialisation on International Disputed Resolution with merit from University of London, Post Graduate Diploma in Laws (PGDipLaw) with specialisation 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 Member of Singapore Institute of Arbitrators (MSIArb). He is a panel arbitrator of SAARC Arbitration Council (SARCO) and 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.

He has altogether 16 years’ experience of working in the field of corporate & finance, shipping and dispute resolution. For the last 12 years, he leads the firm, Rahman’s Chambers. Previously, he worked with Lee, Khan and Partners and also A Hossain & Associates, Dhaka office, the Chambers of Mr. Ajmalul Hossain QC from 2004 to 2006. Mr. Rahman 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.

Mr. Rahman is now one of the leading practitioner in Bangladesh, ranked by Chambers Asia Pacific in the field of Corporate, Finance, Shipping and he is also ranked by Chambers Global for international works involving both contentions and non contentious matters.

International

Mr. Rahman is the head of the International Division. His Master of Laws (LL.M.) degree with specialisation on International Dispute Resolution from the University of London gave him insight into international law, international arbitration, international trade laws etc. In 2018, Mr. Rahman has been appointed as a panel arbitrator of SAARC Arbitration Council (SARCO) upon nomination from the Government of Bangladesh and BIAC. Mr. Rahman obtained his Fellowship from Hong Kong Institute of Arbitrators (FHKIArb) in 2017 and  has been recognised as a full Member of Singapore Institute of arbitrators (MSIArb) in 2019. He passed Accredited Mediator course from CEDR, UK in 2013. Mr. Rahman has been involved in a number of international arbitration, cross border shipping and commercial litigation involving private international law issues. He advised clients over cross border shipping issued involving India, Pakistan and Bangladesh.  Mr. Rahman is a member of International Bar Association and International Division of New York State Bar Association. Several inbound (Bangladesh) cross border litigation e.g 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:

Contentious

International Arbitration

  • 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

Litigation

  • 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.

Non contentious

  • 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.


Corporate & Construction

Mr. Rahman is the head of Corporate and Investment department under Corporate and Construction Division. Mr. Rahman completed Post Graduate Certificate in Laws (PGCertLaw) with specialisation on Corporate & Commercial laws from University of London. He was a full-time Legal Consultant, Power Cell, Power Division, Ministry of Power, Energy and Mineral Resources, Dhaka (2007-2008). Mr. Rahman handled several major corporate transactions such as acquisition of shares and also land. He advised G2G, PPP and non-PPP projects involving power, energy and other infrastructure, EPC and O & M contractors.  As a team leader he has been involved in several investment deals. Starting with the most recent, notable works of Mr. Rahman are as follows:

Contentious

 Litigation  

  • 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.
  • 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

Arbitration

  • Successfully conducted hearing of Arbitration application involving BPDB vs. Summit Industrial reported in 19 BLC(2014)2842 CLR(HCD) (2014)73,
  • Successfully conducted hearing involving VAT related ADR between Grameen Danone Foods Ltd vs. Customs, Excise and VAT Authorities (ADR from Appellate Tribunal.

Non contentious

  • As a team leader assisted in one stop business setup service providing to Surjin Tech Co., Ltd. Client initially instructed to conduct due diligence on a comparison of the available incentive of setting up business in EPZ, SEZ, Hi-Tech or other geographically located areas in different divisions of Bangladesh. The client also conducted due diligence on different incentive available for different business sectors, e.g., Industrial, IT, Infrastructure, etc. Finally, we assisted the client in business setup process and acquisition of land.
  • 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. We advised clients from the very inception of the project starting with project due diligence, framework agreement, EPC and other related contract drafting.
  • 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 PPPbasis at Rampal. He also advised EPC contractor notably NEPC in recent years on several issues.
  • 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.
  • Drafting the very first PPPguideline for Power generation projects for the Power Division, Ministry of Power, Energy and Mineral Resources of Bangladesh and also

Shipping

Mr. Rahman is the head of Shipping Division. Mr. Rahman completed Post Graduate Diploma in Laws (PGDipLaw) on Maritime Laws with merit from University of London. He is a member of Singapore Chamber of Maritime Arbitration (SMCA).  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:

 Contentious

  • 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 betweenFirst 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) 58619 MLR (HCD)336,
  • Successfully argued Admiralty and Maritime claim involving Marodi Services vs MV Swift Cro. Reported in 2 CLR(HCD) (2014) 456,

Non contentious

  • 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.

Dispute Resolution & Finance

Mr. Rahman is the head of Dispute Resolution Division. He argued as a lead counsel for last 12 years for different clients in a number of cases involving different issues e.g 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 Tribunals. Out of the total number of cases where he appeared, at least, two dozens of cases have found its place in the leading law reports of Bangladesh. Mr .Rahman acted as a member of Legal Counsel, Central Bank Strengthening Project, Bangladesh Bank for A Hossain & Associates( 2004-2006). Starting with the most recent, notable works of Mr. Rahman are as follows:

Litigation

  • 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.
  • Appeared for central bank in the judicial review filed against owners of “Rana Plaza” and few public authorities for compensation involving the tragic death of 1000+ people due to collapse of the defective building.
  • Successfully conducted hearing of Income Tax reference disputes between Grameen Danone Foods Ltd vs Commissioner of Taxes reported in 6 CLR (HCD) (2018) 25.
  • 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) 525 CLR(HCD)(2017) 30723 BLC(2018) 126
  • Successfully argued in Cheque Dishonour matter between Hasan Ali vs The State and Another reported in 4CLC(HCD)17
  • Successfully argued in the matter of Natural justice between Amjad Hossain vs. Bangladesh Bank reported in 17 BLC (HC) 188;
  • Successfully argued in the matter of Insurance Claim between Abdul Jalil vs Artha Rin Adalat reported in 67 DLR 475.

Alternative Dispute resolution

  • 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
  • Appeared as a counsel 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.
  • 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, 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)

Education


  • 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 (Band II) by Chambers & Partners -2019 for corporate and finance
  • Recognized practitioner by Chambers & Partners -2018 for Corporate & Finance
  • Recommended Lawyer by Legal500 -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

Legal Qualifications


  • Barrister-at-Law of Lincoln’s Inn, London (2003)
  • Advocate, Supreme Court of Bangladesh
  • Panel Arbitrator, SAARC Arbitration Council (SARCO)
  • Fellow, Hong Kong Institute of Arbitrators (FHKIArb)
  • Member, Singapore Institute of Arbitrators, Singapore (MSIArb)
  • Member, Singapore Chamber of Maritime Arbitration (SMCA).
  • Associate Member, Chartered Institute of Arbitrators, London (ACIArb)
  • Panel Mediator, Bangladesh International Arbitration Center (BIAC)
  • CEDR Accredited Mediator, London, UK

Employment History


  • 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).

Languages


  • Bengali (Native)
  • English (Fluent)
  • Hindi & Urdu (Conversational)