Lamwell’s lawyers were instructed by a Ukrainian state enterprise which had not received payment from a counterparty, a company registered in the People’s Republic of Bangladesh, under an international sale and purchase agreement. The client’s counterparty had refused to pay for the delivered goods. Under the agreement, all disputes were to be resolved according to the provisions of the Bangladesh Arbitration Act 2001.
A peculiarity of this dispute was the fact the arbitration clause effectively provided for ad hoc arbitration – namely, without the use of an existing arbitral institution or standard arbitration rules. Lamwell’s team prepared a notice of arbitration and arbitrator appointment taking into account all the requirements of the Bangladesh Arbitration Act, and sent the notice to the respondent. After the dispatch of the notice, the debt under the sale and purchase agreement was paid off by the counterparty in full.
Therefore, Lamwell’s team continues to broaden its experience of representing parties in arbitration in various jurisdictions. In the present case, Lamwell’s lawyers gained their first experience of conducting arbitral proceedings under the Bangladesh arbitration law, as well as conducting ad hoc arbitration.
