1Arbitration Act, 2001 Page 1
THE ARBITRATION ACT, 2001
[Act No. I of 2001]
[24th January, 2001]
An Act to enact the law relating to international commercial arbitration, recognition and
enforcement of foreign arbitral award and other arbitrations.
Whereas it is expedient and necessary to enact the law relating to international commercial
arbitration, recognition and enforcement of foreign arbitral award and other arbitrations;
It is hereby enacted as follows:-
CHAPTER I
INTRODUCTORY\
- Short title, extent and commencement.-(1) This Act may be called the Arbitration Act,
2001.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force on such date as the Government shall, by notification in
the official Gazzette, appoint.
CHAPTER II
General Provisions\ - Definitions.- In this Act, unless there is anything repugnant in the subject or context, -
(a) “Legal representative” means a person who in law represents the estate of a
deceased person, and includes any person who intermeddles with the estate of the
deceased, and, where a party acts in a representative character, the person on
whom the estate devolves on the death of the party so acting;
(b) “Court” means District Judge’s Court and includes Additional Judge’s Court
appointed by the Government for discharging the functions of District Judge’s
Court under this Act through Gazette notification;
(c) “International Commercial Arbitration” means an Arbitration relating to disputes
arising out of legal ‘relationships, whether contractual or not, considered as
commercial under the law in force in Bangladesh and where at least one of the
parties is —
(i) “an individual who is a national of or habitually resident in, any country
other than Bangladesh; or
(ii) a body corporate which is incorporated in any country other than
Bangladesh; orArbitration Act, 2001 Page 2
(iii) a company or an association or a body of individuals whose central
management and control is exercised in any country other than
Bangladesh, or
(iv) the Government of a foreign country;
(d) “Limitation Act” means Limitation Act, 1908 (IX of 1908);
(e) “Code of Civil Procedure” means Code of Civil Procedure, 1 908(Act V of
1908);
(f) “Specified state” means a spec state declared by the Government under section
47 of this Act;
(g) “party” means a party to an ‘ agreement;
(h) “Chief Justice” means the Chief Justice of Bangladesh;
(i) “Rules” means any rules made under this Act;
(j) “Person” means a statutory or other organizations, company and association and
includes partnership firm;
(k) “Foreign arbitral award” means an award which is made in pursuance of an
Arbitration agreement in the territory of any state other than Bangladesh but it
does not include an award made in the territory of a specified state;
(1) “Evidence Act” means Evidence Act, 1872 (Act I of 1872);
(m) “Arbitration” means any arbitration whether or not administered by permanent
institution;
(n) “Arbitration agreement” means an agreement by the parties to submit to
Arbitration all or certain disputes which have arisen or which may arise between
them in respect of a defined legal relationship, whether contractual or not.
(o) “Arbitration tribunal” means a sole Arbitrator or a panel of Arbitrator.
(p) “Arbitral award” means a decision moxie by the arbitral tribunal on the issue in
dispute;
(q) “High Court Division” means High Court Division of the Supreme Court of
Bangladesh.\ - Scope.-(1) This Act shall apply where the place of Arbitration is in Bangladesh.
(2) Notwithstanding anything contained in sub-section (1) of this section, the
provisions of sections 45, 46, and 47 shall also apply to the arbitration f the place
of that arbitration is outside Bangladesh.