BANGLADESH Law and Practice Contributed by: Sharif Bhuiyan, Dr Kamal Hossain & Associates
12.3 Approach of the Courts Courts may refuse to enforce arbitration awards, including foreign awards, on the limited grounds set out in Sections 44 and 46 of the Act. Section 46 (1)(b)(ii) of the Act states that recognition or enforcement of an arbitral award may be refused on the ground that recognition and execution of the award would be in conflict with the “public policy of Bangladesh”. On Bangladesh courts’ approach towards public policy, see 11.1 Grounds for Appeal . 13. Miscellaneous 13.1 Class Action or Group Arbitration The Act contains no provisions on class action arbitra -
13.3 Third-Party Funding There are no rules or restrictions on third-party funders. 13.4 Consolidation In relation to the consolidation of proceedings and concurrent hearings, Section 28 of the Act provides that parties to an arbitration agreement may agree to consolidate arbitration proceedings with any other arbitral proceeding and to hold concurrent hearings on agreed terms. The arbitral tribunal does not have the power to consolidate the proceedings or hold con - current hearings unless the parties agree to confer such power on the tribunal. 13.5 Binding of Third Parties The Act does not contain any provisions on binding third parties. Third parties cannot be bound by an arbi - tration agreement or award. Courts are also unlikely to hold third parties to an arbitration agreement or award.
tion or group arbitration. 13.2 Ethical Codes
If the counsel or arbitrators are qualified lawyers in Bangladesh, the Bangladesh Bar Council Canons of Professional Conduct and Etiquette will be applicable.
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