Shipping is a core area of our practice, including both in “dry” and “wet” shipping work. Our “dry” shipping work includes advice and representation on disputes concerning contracts of affreightment, cargo claims, claims under marine insurance policies, and arrest of ships and judicial sales. We also have experience in “wet” shipping work, in particular salvage and collision actions.
We handle a wide range of shipping matters for both domestic and international clients, including shipowners, charterers and cargo interests together with their insurers, freight forwarders, trade associations and other providers of maritime services.
The firm has good litigators for shipping matters.
Chambers and Partners, 2023
The firm has been involved in both domestic and international arbitration, including international commercial arbitration.
Members of our firm have acted as counsel and legal experts in ICC, ICSID, UNCITRAL, PCA, SIAC, and ad hoc arbitrations. In addition to participating in arbitrations as counsel, we advise on a wide range of arbitration issues, including arbitration clauses and submission agreements, choice of forum and rules of arbitration, enforceability of awards and the role of national courts during arbitration proceedings. We have been involved in litigation for enforcing arbitration awards, staying court proceedings initiated in violation of arbitration clauses and obtaining interim relief in support of pending arbitration proceedings.
We have experience in advisory work and drafting of documents on a wide range of aviation matters, including protecting, perfecting, and enforcing ownership or security interests in aircrafts, cross-border aircraft purchase, mortgage of aircrafts and aircraft parts, wet and dry leasing of aircrafts as well as financing of the full range of aircraft related transactions. We advise on national regulatory requirements for aircraft purchase, lease, mortgage, licensing, and slot allocation, among others. We have experience in carriers’ liability resulting from casualties under both Bangladesh law and international treaties.
BANKING & FINANCE
We have expertise in banking law and allied matters. We assist local and multinational banks and international financial institutions on loan documentation and syndicated loans and provide general advice on banking law and financial services. We have advised and assisted multinational banking companies in amalgamation, acquisition, reorganising and restructuring processes, and frequently advise banking companies on their regulatory compliance on internal management, employment and revenue issues. Members of our firm also represent banks and individuals in loan recovery cases in specialised money loan courts.
The firm advises on competition law issues, including in relation to exclusivity, geographical delimitation of distributorship, pricing arrangement, and currency conversion dominance, anti-competitive conduct, etc. We have represented companies before the Competition Commission in matters involving allegations of market dominance and anti-competitive activities.
CIVIL & COMMERCIAL LITIGATION
We have considerable expertise in civil and commercial litigation spanning over more than three decades. We regularly represent and defend local entities, multinational companies and individuals before both Divisions of the Supreme Court, District Courts, Tribunals, and regulatory bodies. Our litigation work covers company law disputes, property and construction matters, constitutional petitions, administrative review, liability claims, insurance claims, contractual disputes, employment law, tax and customs, family law, judicial review, and claims in tort.
The founder and head of the firm, Dr. Kamal Hossain, has appeared as counsel and amicus curiae in many landmark cases before the Supreme Court of Bangladesh. We have represented multinational and local entities before both Divisions of the Supreme Court in matters involving arbitration, admiralty, maritime law, revenue disputes arising from import, storage, transport, sale of goods and services, international trade, real estate, labour, tender, intellectual property, and taxation. We have represented major corporations, airlines, banks, construction businesses, and insurance companies in the superior courts for decades and continue to do so. In legal directories, such as Legal 500 and Chambers and Partners, the firm’s lawyers are recognised as leading professionals. Major global law firms regularly engage us for representing their clients in litigation in Bangladesh.
CORPORATE & COMMERCIAL
The firm has considerable experience in corporate and commercial law, including experience in advisory work, drafting of documents and litigation.
Our diverse commercial practice includes the following areas: banking, commercial litigation, arbitration, employment, energy, infrastructure projects such as telecommunications, port development, road construction, export processing zones, special economic zone, revenue, intellectual property, large and medium scale project finance and cross-border mergers and acquisitions.
The firm has expertise in all areas of company law and has assisted many local and foreign entrepreneurs in formation of new companies in Bangladesh. The firm also has expertise in directors’ responsibilities, shareholders’ disputes, takeovers, mergers and acquisitions, corporate reconstructions, and schemes of arrangement. We have substantial experience in corporate acquisitions and have been involved in a number of large scale recent acquisitions in the banking, consumer goods, energy (both power and gas), manufacturing, pharmaceuticals, and telecommunications sectors. The firm has represented both national and international clients on intellectual property matters, including a range of multinational companies.
Our experience in cross-border transactions includes drafting complex commercial contracts and advising on compliance with corporate and business laws relating to foreign investment in Bangladesh. We regularly advise multinational and national construction, engineering, pipeline, energy and telecommunication companies in negotiating turn-key contracts, joint venture and other construction and/or supply contracts and in resolving related disputes.
Dr Kamal Hossain & Associates houses an outstanding corporate and commercial law practice in Bangladesh. The firm regularly advises clients on high-value cross-border transactions and offers expertise in a wide range of M&A, corporate restructuring, capital markets, employment, insurance and tax matters, as well as banking regulatory matters. The team is especially active on project financing and development mandates and advises both international and domestic clients from a variety of sectors. Also provides a range of both contentious and non-contentious IP services.
Chambers and Partners, 2023
CONSTITUTIONAL & ADMINISTRATIVE
Constitutional and administrative law occupies a central position in the collective expertise offered by the firm. Dr. Kamal Hossain, who chaired the Constitution Drafting Committee, has appeared as counsel or been appointed by the Supreme Court as amicus curiae in many landmark cases.
The firm has a successful track record in challenging the actions of administrative and regulatory authorities and enforcement of government contracts in constitutional petitions. We also have extensive experience in judicial review of administrative decisions concerning assessment and payment of tax, customs duty, and VAT.
The firm has expertise in employment law and provides a full range of professional legal services, including advisory work including MSS (Mutual Separation Scheme), WPPF (Worker’s Profit Participation Fund), leave, fringe benefits, drafting different types of documents and contracts and litigation.
We have advised local and foreign companies intending to establish a presence in Bangladesh on employment issues and on compliance with labour and employment laws. We have drafted a diverse range of agreements and other legal documents to represent employment relationships, including documentation for effecting transfer to a different entity, contracts of service, HR manuals, consultancy agreements and agreements for hiring independent contractors.
The firm has been involved in litigation on employment disputes. It has also been involved in public interest litigation to ensure compliance with national labour and workplace safety standards and protection against sexual harassment.
The firm advises on both up-stream and down-stream aspects of the energy sector, and has worked on transmission and distribution projects, including corporatisation of local distribution and exploration companies and their regulation. We advise both foreign and local companies considering entry into the Bangladesh energy market.
We have experience in mergers and acquisitions, project management and establishment and licensing of companies to develop projects. We offer commercial and regulatory advice, negotiate and draft power and gas purchase and sale contracts, independent power generation project implementation agreements, gas/fuel supply agreements for independent power producing (IPP) companies and other energy related agreements. We have expertise in developing tax strategies for gas exploration and power generation companies and assisting clients in the energy industry in raising finance from foreign capital markets. We have advised on compliance issues, exemption applications, regulatory approvals and drafting of safety codes.
Representative transactions/projects in which we have been involved include acting as legal advisers to the public sector oil, gas and mineral corporation on various matters, such as overseeing the natural gas investment market in Bangladesh and advising generators, marketers, distributors and transmitters of electricity and IPPs in Bangladesh on the electricity market rules, market entry process and on the structure and functioning of the electricity industry in Bangladesh. We have advised on various contractual and regulatory issues, restructuring electricity sales contracts, gas supply contracts, refinancing, compliance issues, and transmission rate negotiations.
Our clients include those who finance and develop renewable energy projects, undertake gas storage and pipeline projects and expansions or provide gas utilities, as well as end-users.
We have assisted entities in both electricity and natural gas sectors with import and export license applications. We have negotiated and drafted a diverse range of agreements regarding power generation, including power purchase and gas supply agreements on behalf of project owners and managers, government agencies, banks, large industrial and other wholesale and retail consumers of energy.
We provide general legal services to individuals and entities on matters ranging from tax, corporate, contract enforcement, intellectual property, land, litigation and dispute resolution in general. The services include pre-trial negotiations, documentation and trial preparation, interim applications, conducting trials, appeals, and enforcement processes.
Dr Kamal Hossain & Associates is the topmost firm and continues to be very good.
Chambers and Partners, 2023
Dr Kamal Hossain & Associates houses an outstanding corporate and commercial law practice in Bangladesh. The firm regularly advises clients on high-value cross-border transactions and offers expertise in a wide range of M&A, corporate restructuring, capital markets, employment, insurance and tax matters, as well as banking regulatory matters. The team is especially active on project financing and development mandates and advises both international and domestic clients from a variety of sectors. The firm also provides a range of both contentious and non-contentious IP and shipping services.
Chambers and Partners, 2023
The firm has a diverse practice in the insurance sector, including marine, fire, flood, re-insurance, and advises both insurers and insured in respect of various types of disputes including insurance claims, with regulatory bodies.
We have extensive experience in judicial review of administrative decisions concerning, inter alia, assessment of loss, appointment of second surveyor for assessment and payment of claim amounts, conducting arbitration and hearings before the Birodh Nispotti Committee (BINIC i.e. Dispute Resolution Committee) and conducting hearings in judicial review respecting the actions of regulatory authorities, such as the Insurance Development and Regulatory Authority.
We regularly advise and act on behalf of local and foreign clients in connection with a wide range of intellectual property matters, including but not limited to registration, opposition, infringement, licensing and litigation in relation to trademarks, patents, designs, copyrights, and domains.
We have experience in conducting litigation arising out of and/or in connection with infringement of trademarks, patents, designs and copyright and passing off of goods. We also have experience in preparing and drafting agreements to secure intellectual property rights.
The firm has represented many renowned local and international entities before the Trademarks, Patents and Design Registries, Trial Courts, and both Divisions of the Supreme Court of Bangladesh.
Members of our firm have initiated or conducted public interest litigation on matters relating to gender equality, disability rights, workplace safety, online speech and freedom of expression, right to information, environmental rights, and climate displaced communities on behalf of leading national development and rights organisations and eminent citizens.
REAL ESTATE & CONSTRUCTION
We frequently assist clients on real estate, construction, and development matters. Our services include assistance on property purchase and rental issues, in addition to the drafting of lease agreements, conveyance deeds, sale agreements, trust deeds, mortgage deeds, partnership agreements, leave and license agreements, relinquishment deeds, succession petitions, and gift deeds. Additionally, our real estate team handles mutations and registrations before various land registries. The firm has a diverse practice in property matters including land related due diligence (ascertaining the chain of title), preparation and vetting of deeds, contracts for sale, mortgages, liens, leases, licenses, joint venture agreements between the landowners and developers, deeds of partition, mutation processes at RAJUK, the Ministry of Land, Department of Housing and Public Works, and the Office of the Assistant Commissioner (Land).
We have conducted arbitration in relation to joint venture agreements between landowners and developers. We appear before courts in relation to disputes relating to construction contracts, agreements for the sale of property, and tenancy agreements. Our corporate team also specialises in drafting project documentation for large-scale construction contracts. Our team regularly advises multinational corporations and industries, the owners and operators of leading international brand hotels, and real estate businesses on all types of property law issues.
We have extensive experience in issuing legal notices, filing suits, appeals, and revisions before the subordinate judiciary and before both Divisions of the Supreme Court, relating to immovable property.
The firm advises both local and foreign clients on the full range of securities law issues, including initial public offers (IPO), listing regulations, bonds, derivatives, substantial shareholding, disclosure requirements, de-listing, mergers and acquisitions involving listed companies, and regulatory compliance of listed and unlisted companies. We also represent clients in litigation concerning securities laws.
The firm has a diverse tax practice that includes advising on income tax, VAT and customs related issues arising from the domestic and international trade, compliance requirements for individuals and domestic and international entities carrying on business in Bangladesh, including in the not-for-profit sector, corporate re-organisation and other related corporate work.
We have extensive experience in judicial review of administrative decisions concerning, inter alia, assessment and payment of customs duty, VAT, and income tax. Our services include challenging before statutory tribunals and the Supreme Court administrative decisions of the tax regulatory authorities arising from assessment of customs duty, VAT and income tax, the imposition of fines, seizure and confiscation of goods, change of value, classification of H.S. Codes of imported goods, cancellation of rebate, bond license, action against the duty free and diplomatic bonded warehouse licenses.
Telecommunications, including voice and data services, is a core area of practice of the firm. We provide regulatory advice on telecoms, IT, e-commerce and media. We have advised telecom operators on licensing and regulatory issues, including licensing guidelines and auction process, interconnection agreements, frequency allocations, equipment leasing, infrastructure sharing agreements and 3G and 4G auctions.
We were involved in a number of major acquisitions and divestments by foreign investors of stakes in Bangladeshi telecom and IT companies. We were involved in restructuring the passive telecom infrastructure as a separate business portfolio. We have advised telecom companies or lenders in a number of financing transactions and also advised in relation to issuance of securities and raising funds from the capital market.
We have advised telecom operators in relation to management issues, including roaming services, billing, introduction of new technologies and platforms, and human resource management. We also acted in disputes between shareholders of telecom companies and conducted litigation on behalf of a number of telecom operators in regulatory disputes. We also provide assistance to telecom companies in relation to customs, VAT, and tax related disputes.
TRUSTS & FOUNDATIONS
We have been engaged in preparing documents for the establishment of Trusts, Foundations, and not-for-profit organisations, and have advised on and assisted with the process of registration with the appropriate Authorities, including the Registrar of Joint Stock Companies and Firms, and with advice on regulatory issues including with the NGO Affairs Bureau. We also assist with the establishment of Provident Funds, Worker’s Profit Participation Funds, and Gratuity Funds.
We assist non-profit organisations to achieve their objectives at local, national, and international levels. Our team offers expert advice to non-profit organisations on both day-to-day matters and large-scale projects. We regularly advise foreign not for profit organisations regarding the procedures for establishing a presence in Bangladesh and obtaining registration with the NGO Affairs Bureau. In addition, we advise both local and foreign NGOs with the drafting or review of articles, compliance manuals, bylaws, employment agreements, trust deeds, leases, licenses, and policies. We provide an array of establishment-related services for trusts, social enterprises and other business and non-profit entities. Additionally, we provide legal advice to our clients on a wide range of issues including governance, intellectual property, tax issues, and regulatory compliance.