Dispute Resolution Group
Our Dispute Resolution Group is composed of lawyers who believe that in the unavoidable circumstances of disputes, litigation should best be avoided. We trained our lawyers to engage more in alternative dispute resolution methods, such as, negotiation, mediation and arbitration. MNA’s Associates have been trained as Trainers on Arbitration. The Head of Chamber regularly acts as Arbitrator and Counsel in both international and domestic arbitrations.
Services
Mediation
Arbitration
Investment Arbitration
Commercial Arbitration
Mediation
MNA strongly advocates use of mediation in both commercial and non-commercial disputes. Our mediation focus on commercial disputes is unparallel. We support both court-annexed and other institutional mediation, and regularly contribute to the ongoing dialogue on use of mediation at international forums and in Bangladesh. We strongly advise our clients to use mediation as the preferred dispute resolution mechanism. We have advised Bangladesh Indenting Agent’s Association (BIAA) in setting up mediation centre in Dhaka in partnership with CCPIT Mediation Centre, China. We are a key member of the Institute of Dispute Management (IDM), which is conducting leading edge advocacy on mediation in commercial disputes in Bangladesh. We drafted the IDM Rules on Mediation, and regularly support the activities of IDM.
Arbitration
MNA commands leading expertise in Arbitration, having a dedicated group of experts in international commercial and investment arbitration. Mr. Naser Alam, the Head of Chamber, has worked previously with magic circle international law firm Freshfields Bruckhaus Deringer’s international investment arbitration group in Paris. Our firm also maintains close cooperation with internationally leading arbitrators and lawyers, who may be retained by our clients in both domestic and international disputes.
A flattering addition to MNA’s pioneering role in the development of institutional arbitration in Bangladesh is that our leading expert on arbitration, Barrister Naser Alam has provided key technical legal assistance in the establishment of Bangladesh International Arbitration Centre (BIAC). The Arbitration Rules of BIAC was initially drafted by Barrister Naser Alam.
Investment Arbitration
Bangladesh has signed Bilateral Investment Treaties (BITs) with a significant number of her trade and investment partners. Attracting foreign investor’s contribution to the economy of the country is a policy objective of the Government of Bangladesh. Protection and enforcement of rights and liabilities of the state-party and an investor in the agreed manner are vital to maintaining a sound investment climate.
MNA has significant strength in providing advice and assistance in all matters arising under Bilateral Investment Treaty arbitration before ICSID, including legal opinion on merits and strategy, appointment of arbitrators, drafting notice of arbitration, statement of claim, defence, other forms of reply, settlement agreement, pleadings on cost, recognition and enforcement process.
Commercial Arbitration
Bangladesh has amended its law on arbitration by enacting the Arbitration Act of 2001. While this new law is a welcome change, MNA actively seeks key amendments to this legislation in regard to procedure of enforcement, and establishment of dedicated arbitration facilities in both the District and High Courts. The Head of Chamber has acted as senior Consultant for International Finance Corporation (IFC) in amending legislations regarding arbitration and mediation in Bangladesh.
MNA advises clients on any issues on international commercial arbitration under UNCITRAL and other institutional Rules of Arbitration before any ICC, LCIA, AAA, CIETAC and other arbitration centers. In the domestic setting, we act as counsel for either the Claimant or Respondent, especially in commercial, real estate, construction, and labour disputes. MNA’s Head of Chamber regularly acts as arbitrator.