Enforcement of foreign arbitral awards concerning commercial disputes in Bangladesh: A brief overview

摘要

Purpose – The purpose of this paper is to focus on some of the issues and problem of implementation of foreign arbitral awards in Bangladesh. Design/methodology/approach – Based upon theoretical sources and empirical data, the legal provision concerning the enforcement of foreign arbitral awards was studied and the case-law invoking the Arbitration Act 2001 discussed. Findings – The finding of this research is to present the new framework of arbitration law in Bangladesh which came into force 10 April 2001 and discuss the legislative provision in the face of increasing foreign investment in Bangladesh in various sector. Research limitations/implications – The principal objectives were to study the general context of the arbitration mechanism in international commercial disputes. Practical implications – The rationale for arbitration in international commercial disputes and the imperatives for resorting to arbitration as a tool for alternative dispute resolution are discussed. Originality/value – This paper is an attempt to analyze how a foreign arbitral award is enforceable in Bangladesh and to what extent the recent legal development is effective in resolving international commercial disputes.