Applicability of the Arbitration Act 2001 in relation to foreign arbitrations

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Offline Mahmud Arif

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The Arbitration Act 2001 (the "Arbitration Act") was enacted with the spirit of recognising and dealing with, inter alia, aspects of international commercial arbitration. To that end, the Arbitration Act was amended in 2004 to include a provision which conferred powers upon the High Court Division of the Supreme Court of Bangladesh (the "HCD") to issue interim orders (in cases of international commercial arbitration). Section 7A of the Arbitration Act provides that the HCD may pass, in cases of international commercial arbitration, any order in relation to matters enumerated thereunder which include, inter alia, the power to issue ad interim injunctions and to take "any other interim protective measures which may appear reasonable or appropriate" to the HCD. However, despite having such an express provision, the same could not be consistently used by the parties due to a confusion arising from Section 3 of the Arbitration Act, which deals with the scope and application of the Arbitration Act. The controversy appears to have stemmed from the meaning and application of Section 3 of the Arbitration Act.

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https://www.thedailystar.net/law-our-rights/news/applicability-the-arbitration-act-2001-relation-foreign-arbitrations-towards-new-horizon-2111329
Arif Mahmud
Lecturer
Department of Law
Daffodil International University
Email: arifmahmud.law@diu.edu.bd
Contact: +8801682036747