Where disputes cannot be resolved through negotiation, mediation, or arbitration, LegalBD provides strategic advice and representation in civil and commercial litigation before Bangladesh's courts — from the Commercial Court and District Courts through to the Supreme Court.
Commercial Court Proceedings
The Commercial Court, established under the Commercial Court Act 2016, has exclusive jurisdiction over commercial disputes valued at BDT 1 crore or more. Its procedural rules emphasise efficiency: strict filing timelines, mandatory case management conferences, limitations on adjournments, and written submissions. Parties represented before the Commercial Court must engage actively with the case management process. LegalBD builds the documentary and legal record from the outset, ensuring clients are positioned effectively throughout proceedings.
High Court Division — Writ Jurisdiction
The High Court Division exercises writ jurisdiction under Article 102 of the Constitution of Bangladesh. Writs — including mandamus, certiorari, prohibition, and quo warranto — may be used to challenge unlawful administrative or regulatory decisions, enforce fundamental rights guaranteed by the Constitution, and compel public authorities to perform their legal duties. Writ proceedings are an important tool for businesses and individuals challenging adverse regulatory decisions, licence refusals, and arbitrary or disproportionate state action.
Appeals
Commercial Court decisions may be appealed to the High Court Division. High Court Division decisions may be appealed, with leave, to the Appellate Division of the Supreme Court. LegalBD manages the full appeals process from preparation of grounds through to Supreme Court hearing — assessing the merits of appeal carefully to advise on the optimal course of action.
Enforcement
Obtaining a judgment is only the first step — enforcement against a party unwilling to comply requires its own strategy. We advise on enforcement through attachment of assets, garnishee orders, and — where the judgment debtor has overseas assets — enforcement in foreign jurisdictions. We also advise on strategies to resist enforcement of judgments or awards obtained against our clients.