Publication
COVID-19 MANAGING RISK: TRADE
- Possible breach and compensation claim against the seller for the delay in supply
- Possible breach and compensation claim by the buyer
- Breach of carriage contract and other contracts
- Employment disputes.
Solution:
- If the contract provides, reliance on force majeure clauses in the proforma Invoice/sales contract and other contracts, is possible. If contract does not provide for such clauses it may not be implied into the contract.
- Alternatively, it may be possible to rely on the principles of frustration of contract due to impossibility of performance.
- Possible impact on Loan: Reliance on Bangladesh Bank Circular no. 05/19 of BRPD or any amendment thereof or any possible new circular may be possible, allowing reschedulement of loan.
- Insurance Arrangements: Need to check whether insurance policy covers such situation.
- Labour law: Layoff allowing payment of reduced salary etc & if the situation demands in extreme cases, retrenchment under labour law and/or unpaid long leave may be considered.
- Carriage contract: Exclusion of liability for Act of God may be relied upon.
COVID-19 MANAGING RISKS: SUPPLY CHAIN AND TRADE
Our COVID-19 Taxation, Finance, Shipping, Commercial, DR Practice Group prepared a bulletin on COVID-19 Managing Risks-Supply Chain. It covers the key risks factors and the benefits of managing such risks.
COVID-19 MANAGING RISKS: TAXATION
Our COVID-19 Taxation, Finance, Shipping, Commercial, DR Practice Group prepared a bulletin on Managing Risks: Taxation. It covers the key risks factors and the benefits of managing such risks.
COVID-19 MANAGING RISKS: FINANCE
Our COVID-19 Taxation, Finance, Shipping, Commercial, DR Practice Group prepared a bulletin on Managing Risks: Finance covering summary of circulars of Bangladesh Bank.
For more information on COVID-19: MANAGING RISKS click News and Events. Your also like to follow our Blog posts on this issue.
The Daily Star
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- “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.
- SAARC Arbitration Council
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- Arbitration Under International Law published in 2019 ( Can also be found in our Newsletter Volume 1/2018)
- Legal Aspects of Supply Chain Contract during COVID-19 published in 2020 ( Can also be found in our Newsletter Volume 1/2018)
BIAC
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- “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.
- “Common International Trade Disputes in Bangladesh” titled Article was published in the BIAC Fifth Anniversary Souvenir.
- “Preference of Mediation, Conciliation & Arbitration over Adjudication under Sharia law” in its 10th-year Anniversary magazine. ( Can also be found in our Newsletter Volume 2/2020)
SCMA
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- “COVID-19: Collision Risk at Chittagong Port, Bangladesh” was published by the prestigious Singapore Chamber of Maritime Arbitration (SCMA) in their “Knowledge sharing: Article” initiative, on the field of Maritime Law and Arbitration.( Can also be found in our Newsletter Volume 1/2019)
- “Overview of Bangladeshi Arbitration and Maritime Law” published in 2021.
Mondaq
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- Bangladesh: Urgent Need For A Commercial Court In Bangladesh published in 2017
Mighlas International
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- “Preventing money laundering What should be the mechanism?” ( also published by the Daily Star)
Pace Law School, NY
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- “Crisis time drafting of commercial contracts” titled Article added in the Prestigious CISG Database in 2014 ( also published by the Daily Star)
UNCITRAL
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- Event in Commemoration of World Fair Trade Day 2015 organised by Rahman’s Chambers. The Chief Guest, Hon’ble Mr. Justice AFM Abdur Rahman’s speech has been published on UNCITRAL’S website.