NOTABLE ENGAGEMENTS: Leading the Way
During recent years, the specialist Corporate, Transactional and M&A Department of ACCORD CHAMBERS has played a leading role in the consummation of significant transactions and projects including few projects having national importance and that are truly first of its kind for the country. We can therefore boldly claim that very few law firms in Bangladesh have actually been involved in so many large-scale construction and infrastructure projects, numerous foreign investment facilitation and M&A transactions to the scale that matches that of ACCORD CHAMBERS.
The Admiralty & Dispute Resolution Department of ACCORD CHAMBERS has acted as legal counsels in several major domestic litigations as well as local and international arbitrations during the 2019-2020 period. We have successfully represented a French corporation in an international construction arbitration before the ICC International Court of Arbitration in Singapore. This year alone, we have acted as legal counsels for local businesses in three separate international commercial arbitrations before GAFTA, London. Accord Chambers continues to represent clients based in Singapore, Switzerland, UAE and Malaysia in shipping matters, commercial disputes and contentious admiralty suits.
The following section outlines some of the notable engagements of ACCORD CHAMBERS during 2019-2021. The list is, however, non-exhaustive.
Petroleum, Petrochemical, Power & Energy Projects
- Advising Bangladesh’s largest private oil and gas company for the construction of a total of US$ 2 billion petrochemical complex plant. Accord Chambers is advancing complete legal and advisory services for the project and advised on the project structuring, obtaining regulatory permissions for the project and acquisition of project land. The firm is currently carrying out negotiation and drafting of complete project documentation and advising on project financing and debt & equity structuring for the first phase. Further undertaking due diligence for the second phase.
- Successfully advised in the construction of Bangladesh’s first private sector bitumen plant which is also the country’s largest. The US$ 200 million bitumen plant extends over 63 acres of land having an annual production capacity of 900,000 tons. Accord Chambers acted as the principal law firm for the entire project starting with legal due diligence of the project and project assets, ensuring legal and regulatory compliance all the way to the project completion.
- Acting as the principal legal counsel for one of Bangladesh’s largest private sector investments for the construction of a US$ 1.25 billion mega-oil refinery project, including the construction of hydro-skimmer process units and the construction of tank farm units. The first of its kind mega-oil refinery project is also the subject matter of the largest syndicated loan arrangement in the banking sector of the country involving 24 public and private banks.
- Partaking in the negotiation and legal due diligence for investment, financing and construction of 215 MW HFO Based Power Plant in Bangladesh.
- Currently engaged with due diligence and advisory supports for multiple independent power projects (IPP) and advising foreign investors on project land acquisition & regulatory compliance.
- Advising a Chinese state-owned company on the legal and regulatory framework of investments in the petroleum and petrochemical sector of Bangladesh and prepared a market-entry report.
- Drafted contract for procurement, supply and installation of prefabricated vertical drain (PVD) for soft soil improvement for construction of a petrochemical complex plant in Sitakundu, Bangladesh.
- Negotiated and drafted contract for procurement, supply of capital machinery and construction of a chemical plant for manufacturing methanol, acetic acid, hydrogen peroxide.
Construction, Infrastructure & Industrial Projects
- Engaged as lead counsel for the due diligence, vetting and agreements drafting, including JV documentation, for the construction and setting up of jetty and proposed multi-purpose seaport in Chittagong, Bangladesh.
- Advising one of the four telecom tower companies in the negotiation and drafting of service level agreements with the mobile phone operators and Bangladesh Telecommunication Regulatory Commission (BTRC).
- Acted as the lead counsel for the negotiation and drafting of contracts for the construction of a cement grinding unit near Mongla Port, Bangladesh by a Danish engineering company.
- Undertook negotiation and drafting of agreements for the construction of a cement grinding extension unit at Narayangonj, Bangladesh by a German engineering company.
- Currently advising a Dubai-based company for the construction of an integrated cement plant in the United Arab Emirates including negotiation and drafting of legal documentations and MOU.
- Advising a construction company in a railway project of Bangladesh Railway in a joint venture with an international rail construction contractor.
- Advising a Korean contractor company with legal and regulatory compliance in Bangladesh pertaining to a construction contract for airport development works.
- Drafted agreements with Dhaka City Corporation for public roads and roundabout beautification and maintenance projects inside Dhaka city.
- Acted as lawyers for the construction of a state-of-the-art specialized hospital and research institute.
- Advising Bangladesh’s largest real estate and township company for the last 15 years and undertaking due diligence and vetting of land purchase, acquisition and township projects.
Merger, Acquisition and Transactional Matters
- Advised a US corporation in the acquisition of a leading Bangladeshi tech company. Accord Chambers has structured the entire equity investment into the said project safeguarding the legal interest of the US investor and at the same time ensuring legal and regulatory compliance.
- Currently facilitating a Swedish-Bangladeshi joint venture (JV) project in Bangladesh. Advised on legal and regulatory compliance in Bangladesh, undertaking investment structuring, negotiation of equity investment model, drafting of Joint Venture Agreement, incorporation of JVC in Bangladesh etc.
- Advised in the acquisition of a 54.5 MW power plant. Undertook due diligence of the project, legal vetting of transaction documents and consummation of the transaction.
- Currently advising prospective foreign investors on the acquisition of shares in a solar power company and advising on investments in multiple IPP power projects in Bangladesh.
- Advising two Netherlands based venture capital firms with their investments in Bangladeshi start-ups. Services include drafting of shareholders’ agreements, joint venture agreements, vendors’ agreements, assets transfer documents and all other related transaction documentation.
- Advising a Dubai based investments and family office advisory firm on securities laws and regulatory frameworks of Bangladesh for investments by its clients in a publicly listed company in Bangladesh.
- Undertook complete negotiation for the buyer’s side in the acquisition of a Ready-Made Garment (RMG) factory originally owned by a Japanese wholly-owned subsidiary. Undertook complex equity investment structuring and exit modality as well as advised on repatriation of equity.
Domestic & International Arbitrations
- Successfully represented French contractors as lead counsels in international arbitration arising out of a construction dispute before the International Court of Arbitration of the International Chamber of Commerce, seated in Singapore. The dispute arose in connection with the construction of Bangladesh’s first floating LNG terminal.
- Successfully defended Bangladeshi conglomerates against claims of an international commodities supplier in three separate international arbitrations before the Grain and Feed Trade Association (GAFTA), London arising out of commercial and maritime disputes.
- Successfully facilitated an out-of-court settlement on behalf of a middle-eastern bunker supplier in connection to a dispute which culminated in arbitration proceedings before the London Maritime Arbitrators Association (LMAA), London.
- Currently representing a Bangladeshi hospital and healthcare company in an arbitration proceeding arising out of a construction dispute pertaining to the construction of hospital and healthcare facilities.
- Representing a Bangladeshi dredging company in an arbitration matter arising out of a river dredging project of the Bangladesh government.
- Representing a real estate company in an arbitration matter arising out of a building construction dispute with landowners.
- Currently representing the Australian branch of a global commodities supplier in the enforcement of foreign arbitration awards against Bangladeshi companies arising out of a commercial dispute.
- Representing a contractor in an arbitration arising out of a dispute for the construction of the Edible Oil Industry by a quasi-government organization.
- Representing a European company against Bangladeshi contractors for the enforcement of a foreign arbitration award.
- Successfully represented governmental organizations in arbitration arising from US$ 3 million construction contract.
- Represented private corporations in arbitrations at the Bangladesh Energy Regulatory Commission (BERC) concerning energy disputes for the supply of gas and natural resources.
Contentious Shipping & Commercial Litigations
- Representing a major Singaporean oil corporation and leading Malaysian insurance company in civil litigation court proceedings in Bangladesh arising out of complex oil supply disputes.
- Currently defending a Swiss corporation in admiralty court proceedings in Bangladesh brought by a Chinese company in a shipping dispute. Successfully secured release of vessels.
- Representing a middle-eastern oil corporation in court proceedings in Bangladesh against Bangladeshi companies. Successfully secured the arrest of vessels and bank guarantee culminating in the successful out-of-court settlement of our client’s claim.
- Successfully represented a global marine fuel reseller in admiralty court proceedings in Bangladesh and successfully defended a claim brought against it by a Bangladeshi company.
- Advising a foreign claim’s insurer with respect to claims against local banks of Bangladesh arising out of non-payments under confirmed letters of credits (LC)
Labour & Employment law matters
- Represented a multinational tobacco company in litigations before the Labour Court.
- Drafted employee manual, employment terms and conditions and appointment letter for a French multi-national construction contractor.
- Advised a USAID chief of party on employee separation and settlement packages for Bangladesh.
- Advised leading MNCs with employee separation and voluntary separation schemes.
- Advised employees of the country’s No. 1 Telecom Company in a writ petition involving workers’ participation fund of BDT 450 crores, equivalent to US$ 56.25 million.
- Drafted Employee Handbook for Bangladeshi subsidiary of a multi-national real estate company.
- Representing a multi-national company with litigations arising out of dismissal and termination of its employees.
- Frequently advising foreign corporations on non-contentious employment law matters including drafting standard employment contracts and appointment letters as well as providing employee separation services.
- Conducted capacity building workshops for HR and Legal Departments of MNC.
- Advising a Bangladeshi airline on the sale of their existing fleets and procuring new fleets.
- Advising a Bangladeshi airline on negotiation and settlement with foreign airports authority.
- Our lawyers have advised and assisted leading middle-eastern airlines on a wide range of regulatory issues, including the extension of Branch Office permission, exemption from restrictions on repatriation, change in Board, income tax exemptions etc., and also to correspond with public authorities of Bangladesh on its behalf.
- Our counsels have also represented major airlines in multiple litigations pertaining to foreign exchange regulations, remittance and repatriation of revenues, flight operations and disputes arising in connection with its Dhaka Branch Office.
- Advising publicly-listed airlines company on security laws and communications with Bangladesh Securities & Exchange Commission (BSEC)
Telecom & Tower Co.
- Advising one of the largest foreign investors in the telecommunications sector of Bangladesh with local legal and regulatory compliances in Bangladesh.
- Also representing one of the leading telco tower companies in the negotiation and drafting of standard service level agreements (SLAs) with Bangladesh Telecommunication Regulatory Commission (BTRC) and other telcos.
- Advised a UK based Telecom Company in a dispute with Bangladesh Telecommunication Company Limited (BTCL)
- Represented an international VoIP calling services provider in litigation against the government-owned Bangladesh Telecommunication Company Limited (BTCL) arising from a telecom law dispute.
- Advised and acted as the counsel for a UK based telecommunications company concerning its commercial dispute between shareholders in Bangladesh
PPP: Public-Private Partnership Projects
Advised Joint Venture consortiums on high-value Private Public Partnership (PPP) Projects and represented JV entities before Governmental authorities, partook in contract negotiations and the drafting & finalization of project agreements. PPPs involved include construction contracts, power generation & distribution and the renewable energy sector. We have worked with BOOT, DBFOOT are a wide range of concession models.
Public Procurement & Tendering
Regularly advising local and international suppliers and contractors in the course of tendering and public procurement in Bangladesh on aspects concerning bid preparation, drafting of the contract and negotiation process. Advised on a wide range of issues including liability for direct & consequential losses, liquidated damages and limitation of liability issues, tax issues and interpretation of tender documents.
Healthcare & Life Sciences
Acting as a one-stop legal partner for one of the world’s largest multinational health engineering and medical technology companies headquartered in Germany. Also advised an American medical device company, a global leader in medical technology, on registration guidelines for medical devices in Bangladesh, compliance requirements of the Director-General of Drug Administration (DGDA), marketing authorisation requirements and procedure and registration procedure for medical devices in Bangladesh.
- Successfully represented European conglomerates in numerous international commercial arbitrations. Highlights include successful representation of a Turkish company in a US$ 5 million commodities supply dispute and working for a German company in an international trade dispute involving US$ 20 million arising out of supply of urea to a Bangladeshi governmental organization and representation.
- Successfully defended Bangladeshi conglomerate in multiple GAFTA arbitrations against global commodities suppliers.
- Representing major global commodities suppliers in enforcement proceedings of GAFTA arbitral awards against Bangladeshi buyers
- Advised a Dutch company in relation to a commercial dispute arising out of a supply contract with the Ministry of Food of the Government of Bangladesh
- Undertaking legal and regulatory compliance advisory work as well as project documentation for the construction of Bangladesh’s first gold refinery project.