Enforcement
of Awards in
Bangladesh
Meheruba assists clients in enforcing domestic and foreign arbitral awards, as well as court decrees, across Bangladesh. We provide strategic guidance and rigorous execution to turn your judgment into tangible recovery.
Effective enforcement of arbitral awards and court decrees in Bangladesh
Securing an arbitral award or a court decree is only half the battle. The true measure of success lies in its effective enforcement. Meheruba specializes in navigating the legal complexities to ensure your judgment translates into tangible results.
Whether it's a foreign arbitral award under the New York Convention or a domestic court decree, our team provides strategic, practical, and results-oriented legal services. We focus on asset tracing, execution proceedings, and overcoming objections to secure recovery for our clients.
Foreign Arbitral Awards
Recognition and enforcement of international arbitral awards under the Arbitration Act 2001 and the New York Convention.
International Standards • Local ExpertiseDomestic Court Decrees
Execution of judgments and orders from Bangladeshi courts, including attachment and sale of property, and garnishee orders.
Swift Execution • Full RecoveryAsset Tracing & Recovery
Identifying and securing assets of judgment debtors, both visible and hidden, to maximize enforcement potential.
Diligent Investigation • Strategic ActionA meticulous process for successful award and decree enforcement
Our approach to enforcing awards and decrees is systematic and client-focused. We combine thorough legal analysis with aggressive advocacy to achieve the best possible outcome, ensuring every step is aligned with your recovery goals.
Initial Assessment & Strategy
Review the award/decree, assess enforceability, identify potential challenges, and develop a tailored enforcement strategy.
Recognition & Filing
Prepare and file applications for recognition (for foreign awards) or execution (for domestic decrees) in the appropriate courts.
Asset Identification & Securing
Conduct asset tracing, apply for interim measures like attachment of property, and navigate legal hurdles to secure assets.
Execution & Recovery
Oversee the sale of attached assets, collection of funds, and manage any post-execution formalities to complete the recovery process.
Comprehensive award and decree enforcement services in Bangladesh
Our expertise spans the full spectrum of award and decree enforcement. From international arbitral awards to local court judgments, we provide dedicated support to ensure your rights are protected and your claims are satisfied.
Recognition of Foreign Awards
Applying to the High Court Division for recognition of foreign arbitral awards under the Arbitration Act 2001 and New York Convention.
Execution of Domestic Decrees
Initiating and managing execution proceedings for court decrees and orders under the Code of Civil Procedure 1908.
Pre-Enforcement Due Diligence
Comprehensive assessment of the enforceability of awards/decrees and the assets of the judgment debtor to inform strategy.
Asset Tracing & Freezing Orders
Identifying and locating assets, including bank accounts and properties, and obtaining court orders to freeze or attach them.
Objections to Enforcement
Representing clients in challenging or defending against objections raised during the enforcement process, including fraud or public policy grounds.
Post-Enforcement Compliance
Ensuring all legal and administrative requirements are met post-recovery, including release of attached assets and proper accounting.
Common questions about enforcing awards and decrees in Bangladesh
Enforcement can be a complex and often protracted process. Here are some frequently asked questions that clients have when seeking to enforce an award or decree in Bangladesh. For specific advice, a consultation is recommended.
How long does it take to enforce an award in Bangladesh?
The timeline for enforcement can vary significantly based on factors like the complexity of the case, the cooperation of the judgment debtor, the nature and location of assets, and court schedules. While some cases are swift, others can take several months or even years, especially if objections are raised.
What are the grounds for refusing enforcement of a foreign arbitral award?
Under the Arbitration Act 2001 (consistent with the New York Convention), grounds for refusal include incapacity of parties, invalidity of the arbitration agreement, lack of proper notice, award exceeding scope, improper constitution of the tribunal, award not yet binding, or if enforcement would be contrary to Bangladesh's public policy.
Can you enforce an award against a government entity in Bangladesh?
Enforcing awards against government entities can be particularly challenging due to issues of sovereign immunity and specific procedural requirements. While possible, it often requires a nuanced approach and detailed understanding of public law and administrative procedures in Bangladesh.
What if the judgment debtor has no visible assets in Bangladesh?
If no visible assets are found, we can conduct deeper asset tracing investigations, which may involve scrutinizing financial records, corporate filings, and other public information. We also explore options for seeking disclosure orders from the court to compel the debtor to reveal assets.
Note: This page provides general information on the enforcement of awards and decrees in Bangladesh and is not legal advice. For advice specific to your situation, please consult with a qualified lawyer.
Need a law firm in Bangladesh for award enforcement?
If you have an arbitral award or court decree that needs to be enforced in Bangladesh, contact us for a strategic consultation. We will assess the enforceability, map potential challenges, and outline a clear path to recovery.