Mr. Ashfaqul Kabir Marshall despite being a new addition to the Firm has demonstrated strong analytical ability and keenness for knowledge. He is a hardworking and talented lawyer, who is eager for career advancement through continuous learning. Mr. Marshall recently assisted the Firm in a number of contentious shipping matters and also a few construction arbitration.

He is a the member of Shipping Department which is ranked under Shipping by Chambers and Partners 2023 Asia Pacific Guide.  The editorial 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….”

He is also member of Construction department which has been ranked under Construction Department ( Projects & Energy) by Chambers and Partners 2023 Asia Pacific Guide.  Their editorial says: “Rahman’s Chambers is well regarded for its legal expertise in handling EPC mandates in Bangladesh. The firm also advises on matters in the construction space, including employment concerns. The team often covers due diligence on the construction of projects and also handles disputes relating to projects.”

Mr. Ashfaqul Kabir Marshall completed his LLB from the International Islamic University of Malaysia in 2014. He has had hands-on experience working at a litigation-based law firm in Dhaka prior to joining the Firm. Mr. Marshall is a member of ADR, Land and Tribunal team, and a member of the Shipping Department and Construction Department, both ranked by Chambers and Partners.

Mr. Marshall is part of the Shipping Team at the Firm which contributed to the Overview of Bangladeshi Arbitration and Maritime Law Practice Guides. The commentary on this sector provides expert insights on the industry’s regulatory authorities, companies’ legal risks, cross-jurisdictional issues and more.

Shipping 

As part of the Firm’s Shipping Department, he has been involved in the following works below:

• We have vetted a Tender Form for the sale of the sunken vessel F.V. Bandhan, owned by Bengal Fisheries Limited. Following this, we provided a legal opinion to our valued client, Bengal Fisheries Limited, regarding the sunken vessel F.V. Bandhan (Shrimp Fishing Vessel).
• We have vetted a “Distribution Agreement” on behalf of Unitex Group and provided our opinion accordingly. The agreement was executed between ENOC marketing LLC (EML) and Unitex Group (UG). EML, engaged in manufacturing and selling products, appointed to market, distribute, and sell products in Bangladesh.
• We have provided a Legal Opinion on the Bill of Lading, following a Rule issued in Writ Petition No. 13386 of 2023 dated 30.10.2023, regarding who is authorized to issue and endorse a Bill of Lading, and which Bill of Lading (Master Bill of Lading) shipping can rely on.
• We have drafted four (4) appeals on behalf of the Client to be submitted to the Senior Secretary, Ministry of Shipping, Bangladesh Secretariat, Dhaka-1000, under section 8 of the Bangladesh Flag Vessels (Protection of Interest) Act, 2019, read with rule 3 of the Bangladesh Flag Vessels (Protection) Rules, 2023, for four (4) different vessels, namely M.V. X-PRESS DHAULAGIRI V-014, M.V. X-PRESS NILWALA V-038, M.V. X-PRESS NUPTSEE V-165, and M.V. X-PRESS LHOTSE V-167. The appeals address the penalties imposed by the Mercantile Marine Office, Department of Shipping, as per memo No. 159/160, for transporting cargo without obtaining a waiver certificate.
• We have provided Legal Opinion on Admiralty Suit No. 19 of 2024 where The Plaintiff, Excelerate Energy Limited Partnership, filed the suit sought to recover compensation and damages amounting to BDT 1,298,000,000.00 (equivalent to USD 11,000,000.00 at an exchange rate of 1 USD = 118.00 BDT), along with the arrest of the vessel URANUS 2 (Defendant No. 1), IMO No. 9421934. The vessel was subsequently arrested, and orders were issued against the other defendants too. We provided Legal Opinion on the   Issues on Merit and Way forward for Defendants No. 1-5. Our client, POLY TECHNOLOGIES, INC., has been listed as Defendant No. 5 in Admiralty Suit No. 19 of 2024.
• We have provided Legal Opinion on Admiralty Suit No. 36 of 2024: Defendant No. 4 Issues on merits, and way forward for Defendants No. 4. Our Client is CCCC Third Harbor Engineering Co., Ltd (THEC) the Defendant No. 4
• We have replied on behalf of the client, without prejudice, to the Legal Notice dated 13.12.2024 served upon our Client by Multinational Shipping Co  Ltd., by their appointed Lawyer. The Legal Notice was served on our client regarding disputed amounts for tank storage rent, container storage rent, and the settlement of accounts for the months of September 2024 and October 2024
• We conducted the Examination-in-Chief of the Plaintiff in Admiralty Suits No. 55/2015, 57/2016 upon submitting the Questionnaires. We have also filed a non-prosecution application to dismissal of the Admiralty Suit No. 58/2016. Lastly, Following the Examination-in-Chief for Admiralty Suits No. 55/2015 and 57/2016, we have submitted written Arguments accordingly
• We have acted for Poly Technologies Inc. (Defendant No. 5 in Admiralty Suit No. 19 of 2024), where the Plaintiff, Excelerate Energy Limited Partnership, sought damages of BDT 1,298,000,000 (USD 11,000,000) following a collision involving the vessel URANUS 2 (Defendant No. 1) and the Plaintiff’s vessel. The incident occurred while URANUS 2 was towing a “Caisson Gate,” shipped by Poly Technologies Inc. Given our client’s limited role as the shipper, we filed a petition to strike out their name from the list of defendants. In response to the Plaintiff’s written objection, we submitted a detailed reply. Upon hearing the matter, the Hon’ble Court acknowledged our petition and ordered it to be kept on record.
• We have acted for our client, Continental Traders (BD) Limited, the Bangladeshi agent for Orient Overseas Container Line Limited, in a suit seeking USD 233,036.13 (Tk. 1,97,96,419.24) for demurrage and detention charges. The case arose from the transportation of 80 containers of Russian Yellow Peas to Chittagong in November 2020, where delivery was withheld due to the absence of endorsed original Bills of Lading. Following Arbitration Application No. 16 of 2020, the Court allowed partial delivery against a bank guarantee. We prepared the Case Theory, framed issues, and drafted examination-in-chief questionnaires, but the examination-in-chief is pending due to missing documents.
• We have acted on behalf of our client, M/S Saba Feeder Shipping Services LLC, we have drafted a Statement of Claim, a Draft of Arrest, and prepared a list of documents for the arrest of the vessel MV Daisen, and passed them to M/S Mulla and Mulla, Indian Chamber to be submitted before the Mumbai Court.
• Advising and drafting pleading for Intgr8, the UK regarding a claim against local bunker supplier.
• Assisted in a collision matter at Chattogram anchorage securing ship owner’s interest on behalf of leading P & I Club.

Organisation Plan 

A associate lawyer is an experienced member of a Team, senior to/promoted from the post of  Associates. They assist the Chambers with legal research, fact analysis,  coordinating with clients on procedural issues. They also prepares legal opinion, draft pleading and finalise the same under the supervision of  the senior colleagues.

• 2014 LLB (International Islamic University of Malaysia)
• 2007 Higher Secondary School Certificate (4.80 GPA)
• 2005 Secondary School Certificate SCC  (4.13 GPA)

• 2023  Associate, Rahman’s Chambers
• 2020 Associate Lawyer, RK Roy & Associates
• 2017 Trainee, Legacy Legal Corporate, Dhaka.