BANGLADESH Law and Practice Contributed by: Sharif Bhuiyan, Dr Kamal Hossain and Associates
7. Procedure 7.1 Governing Rules
• injunction against transfer or relocation of prop - erty with a view to obstructing enforcement of an arbitral award; • empowering any person to seize, preserve, inspect, take video of, take photograph of, take custody of, collect information and specimen of, observe, examine, take evidence of, any goods or property included as the subject matter of an arbitration agreement, and for that purpose, to enter into the land or building of which a party is in possession; • ad interim injunction; • appointment of receiver; and • any other interim protective measures, which appear reasonable or appropriate to the court. The court can also cancel, alter or amend an order passed under Section 7Ka. The HCD observed in Drilltec-Maxwell Joint Venture v Gas Transmission Company Limited 21 BLC (2016) 122 that when a party applies under Section 7Ka of the Act for interim measures, the court will first have to be satisfied that a valid arbitration agreement exists and the applicant intends to take the dispute to arbi - tration. Once it is so satisfied, the court will have the jurisdiction to pass orders under Section 7Ka. According to the Accom Travels case, courts in Bang - ladesh cannot grant interim relief under Section 7Ka before or during continuance of foreign arbitration proceedings. However, at the stage of enforcement of foreign awards, interim relief may be granted. The Act does not contain any provisions on the use of emergency arbitrators. 6.3 Security for Costs The District Court or the HCD, while passing an inter - im order, may pass an order requiring the applicant to give security for cost of the opposite party (Section 7Ka(2) read with Order 25 of the CPC). Under Section 21 (2) of the Act the arbitral tribunal also has the power to require a party to provide appro - priate security in connection with an interim measure ordered under Section 21 (1) of the Act.
Parties are free to agree on any rules to govern the procedure of arbitration (Section 25 (1)). Some of the rules the parties usually agree on are the ICC Rules of Arbitration, UNCITRAL Arbitration Rules and SIAC Rules. In the absence of any agreement as to the procedure, the arbitral tribunal is required to decide procedural and evidential matters in conducting its proceedings (Section 25 (2)). 7.2 Procedural Steps Section 27 states that unless otherwise agreed by the parties, the arbitration proceedings will be deemed to have commenced if: • any dispute arises where an arbitration agreement is applicable; and • any party to the agreement: (a) has received from another party to the agree - ment a notice requiring that party to refer, or to concur in the reference of, the dispute to arbitration; or (b) has received from another party to the agree - ment a notice requiring that party to appoint an arbitral tribunal or to join or concur in, or approve the appointment of, an arbitral tribunal in relation to the dispute. 7.3 Powers and Duties of Arbitrators Under the Act, the arbitral tribunal has, among others, the following powers and duties: • make interim orders (Section 21 (1)); • order a party to provide appropriate security in connection with an interim order (Section 21 (2)); • appoint experts or legal advisers to report to it on specific issues (Section 32 (1)); • appoint assessors to assist the tribunal on techni - cal matters (Section 32 (1)); • require a party to give the expert, legal adviser or the assessor, as the case may be, any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his/her inspection (Section 32 (1));
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