Commercial Dispute Resolution in Bangladesh
Commercial disputes between businesses in Bangladesh arise across a wide range of subject matters — breach of contract, non-payment, construction disputes, IP infringement, shareholder disagreements, and regulatory enforcement actions. The choice of forum — litigation, arbitration, or mediation — depends on the nature of the dispute, the value at stake, and the relationship between the parties.
Recovery of Dues
Recovery of unpaid invoices, loans, and commercial debts may be pursued through the civil courts (via money suit under the Code of Civil Procedure, 1908), through the Artha Rin Adalat (Money Loan Court) for bank loan recovery, or through arbitration if the contract provides for it.
Shareholder and Joint Venture Disputes
Disputes between shareholders or joint venture partners may involve applications to the High Court Division under the Companies Act, 1994 for winding up on grounds of oppression or mismanagement, enforcement of shareholders' agreement provisions, or injunctive relief to restrain breaches of fiduciary duty.
Cross-Border Enforcement
Enforcement of foreign judgments in Bangladesh requires a separate suit in the civil courts unless a reciprocal enforcement treaty applies. Foreign arbitral awards are enforceable under the New York Convention as implemented by the Arbitration Act, 2001. Contact LegalBD to discuss your commercial dispute.