Arbitration & Mediation

Arbitration & Mediation Services in Bangladesh

As a leading provider of Alternative Dispute Resolution (ADR) in Bangladesh, The Justice Corner champions arbitration and mediation as swift, cost-effective alternatives to traditional litigation. We offer "modern solution-focused legal services" designed to resolve complex commercial, civil, and contractual disputes while preserving business relationships.

1. Arbitration Practice: Domestic & International

Our team handles the entire arbitration lifecycle, from drafting arbitration clauses and preliminary discussions to representing clients before tribunals and enforcing awards. We represent clients in District Courts, the Supreme Court, and tribunals across South Asian jurisdictions.

• International Frameworks: We are experienced in handling cross-border disputes and joint ventures under major international rules, including:
  • UNCITRAL Model Law 
  • ICC Arbitration Rules (International Chamber of Commerce) 
  • LCIA & SIAC Rules (London Court of International Arbitration & Singapore International Arbitration Centre) 
• Domestic Framework: For local disputes, our practice is strictly governed by The Arbitration Act, 2001 of Bangladesh.

2. Specialized Industry Expertise

Our arbitration practice is tailored to specific sectors where we have deep "vertical" expertise:

• Construction & Infrastructure: resolving disputes over scheduling conflicts, project stagnation, unresolved invoicing, and contract obligations.
• Public Procurement: Advising on government contract disputes, maintaining value-adding functions during project lifetimes, and handling contract cancellations.
• Commercial & Joint Ventures: Handling breaches of shareholder agreements, distribution stipulations, and enforcement claims for both local and international entities.
• Real Estate: addressing issues related to land transfer payments, leasing contracts, and cooperative development pacts.

3. Key Legal Provisions: The Arbitration Act, 2001

Our legal team utilizes specific sections of the Arbitration Act, 2001 to secure judicial support and enforce awards. We frequently invoke:

• Appointment of Arbitrators (Section 7Ka): We assist parties in the legal appointment of arbitrators when mutual agreement fails, ensuring a fair tribunal composition.
• Interim Measures (Section 12): We apply to the Court for interim protection (e.g., freezing assets or preserving evidence) pending the outcome of the arbitration to protect our client's interests.
• Enforcement of Awards (Section 42): We handle the execution of domestic arbitral awards, ensuring that the tribunal's decision is treated as a decree of the Court.
• Challenging Awards (Section 43): If an award is unjust or legally flawed, we represent clients in filing applications to set aside the award before the relevant court.

4. Mediation Services

For clients seeking a collaborative and confidential settlement, we offer professional mediation services. This "value for money" approach allows a neutral third party to assist disputing parties in reaching a mutually acceptable settlement.

• Legal Frameworks for Mediation:
  • Code of Civil Procedure (CPC): Utilizing statutory mediation provisions for civil suits.
  • Artha Rin Adalat Ain: For financial and loan recovery disputes.
  • Customs Act: For disputes related to tariffs and duties.
• Key Areas of Mediation:
  • Banking & Financial Recovery: Fast-tracking recovery cases to avoid lengthy court battles.
  • Family & Partnership: Resolving sensitive partnership disputes between family members.
  • Commercial & Tax: Handling corporate disputes and tax/customs disagreements.

Why Choose The Justice Corner for ADR?

• Strategic Precision: We blend practice with precision, offering practical, business-minded advice that aligns with client goals.
• Comprehensive Advocacy: From appearing in arbitral tribunals to securing High Court support for enforcement, we cover every angle.
• Confidentiality: We prioritize the confidentiality and speed inherent in mediation and arbitration.

Industry-Specific Arbitration Expertise

Our firm has handled cases spanning multiple verticals, making us experts in resolving complex sector-specific disputes. We understand that every industry has unique technical and commercial realities, and our arbitration strategy is tailored accordingly.

1. Construction & Infrastructure Disputes

Large-scale construction projects often face delays and cost overruns. We advocate for clients in arbitral hearings to resolve disputes arising from:

• Project Delays & Stagnation: addressing liability for project advancement stagnation and scheduling conflicts.
• Financial Disputes: Resolving unresolved invoicing instances and payment claims.
• Contractual Compliance: Enforcing strict contract obligations regarding technical specifications and timelines.

2. Commercial Contracts & Joint Ventures (JV)

We cooperate with foreign partners and guide local and international entities through complex corporate disagreements.

• Shareholder & Distribution: Resolving conflicts arising from arbitration stipulations in shareholder agreements and distribution networks.
• Cross-Border Enforcement: Handling enforcement claims and breaches of agreements between local and international entities.
• General Contractual Disagreements: mitigating disputes over core business contracts to preserve commercial relationships.

3. Real Estate & Property Development

The real estate sector in Bangladesh is fraught with technical legal challenges. We handle arbitration regarding:

• Development Pacts: Disputes emerging from cooperative development pacts between landowners and developers.
• Leasing & Transfer: Resolving issues related to leasing contracts and problems with transfer of land payments.
• Land Development: Addressing challenges in developing specific areas into real estate projects.

4. Public Procurement & Government Contracts

We act as trusted advisers for clients dealing with high-stakes government tenders and contracts.

• Project Milestones: Arbitrating disputes where project milestones are tracked against value additions undertaken within stipulated durations.
• Contract Cancellation: Challenging or defending the cancellation of government contracts.
• Compliance: Managing disputes concerning "sustaining documents" and maintaining value-adding functions throughout the project lifecycle.

Legal Pros (Advantages) of Arbitration

• Subject-Matter Expertise: Unlike general litigation, arbitration allows for the resolution of disputes by specialists. The firm highlights its ability to handle "cases spanning multiple verticals" , specifically utilizing "subject bias arbitration rules" and expert knowledge in complex areas like construction ³and government procurement.
• Procedural Flexibility: Parties are not bound solely by rigid court rules. The practice is built around "clients’ needs", offering the flexibility to conduct arbitration under various international and domestic frameworks such as:
  • The Arbitration Act, 2001 
  • UNCITRAL Model Law 
  • ICC, LCIA, and SIAC Rules 
• Efficiency & Strategy: The firm emphasizes "efficacy in service delivery" ⁹and a "modern solution focused" approach¹⁰. The process is designed to be "efficient and strategic" ¹¹, often avoiding the long delays associated with traditional litigation.
• Confidentiality & Amicability: Arbitration is portrayed as a way to resolve disputes "without resorting to litigation" , which helps in "maintaining value adding functions"  and preserving business relationships, unlike the adversarial nature of court battles.
• Enforceability: Domestic awards are legally binding and enforceable. The firm utilizes Section 42 of the Arbitration Act, 2001 to ensure the "Enforcement of domestic arbitral awards", giving the decision the same weight as a court decree.

2. Legal Cons (Challenges & Considerations)

• Limited Grounds for Challenge (Finality): While finality is often a pro, it can be a con if a decision is unfavorable. The award can only be challenged on specific grounds. The firm navigates Section 43 ("Challenge of arbitral awards before the courts"), which implies that overturning a decision is difficult and requires specific legal triggers.
• Judicial Dependency for Support: Arbitration is not entirely independent of the courts. Parties often still need to go to the "Court of District Judge and the High Court Division" for support. For instance, the firm must use Section 7Ka for the "Appointment of arbitrators" if parties cannot agree.
• Need for Interim Court Orders: The tribunal itself may not have all powers to enforce immediate protection. The firm must utilize Section 12 of the Act to seek "Interim measures and protection" from the courts, adding a layer of litigation to the arbitration process.
• Complex Enforcement Proceedings: Although an award is binding, it is not self-executing. The firm must actively go to court for "enforcement and related ancillary matters", which can sometimes be a detailed legal process in itself.

Summary Table

"The Justice Corner – Championing arbitration and mediation as the future of dispute resolution in Bangladesh, where strategy meets solution."