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| Admiralty |
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Shipping is a core area of practice for the firm both in the field of "dry" shipping work and "wet" shipping work. "Dry" shipping work includes advising and acting as advocates in relation to disputes concerning contracts of affreightment, cargo claims, claims under marine insurance policies, arrest of ships and judicial sales. The firm also has considerable experience in "wet" shipping work, in particular salvage and collision actions. Recently the firm represented the P&I insurers of a vessel which was involved in the largest marine casualty in Bangladesh in 2003 involving a collision between twenty ships.
We handle a wide range of shipping matters for both domestic and international clients. We have acted for shipowners, charterers and cargo interests together with their insurers. We have also represented freight forwarders, trade associations and other providers of maritime services. The firm has handled a wide variety of cargo disputes involving a range of items, such as bulk oil, grain and containerised goods.
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Legal 500 (http://www.legal500.com) on our shipping practice:
"Kamal Hossain & Associates has an increasingly celebrated shipping practice, with the expertise to handle related insurance litigation and vessel claims. Admired for his practical assessment and application of Bangladesh law, Salahuddin Ahmad worked closely with Eversheds LLP on issues of liability, evidence and procedure following a collision in Chittagong. Also noted are associates Abdullah Mahmood Hasan and junior Karishma Jahan."
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Arbitration |
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The firm has been involved in both domestic and international arbitration, including international commercial arbitration. Dr. Kamal Hossain has extensive experience in international arbitration, both as counsel and arbitrator. He has served as Chairman and Member of several international arbitral tribunals formed under the ICC, ICSID and UNCITRAL Rules and under the United Nations Convention on the Law of the Sea and as a Member and Panel-Chairman of the United Nations Compensation Commission.
Other members of the firm also have expertise and experience in commercial arbitration, including ICC arbitration. The firm advises on a wide range of arbitration issues, including arbitration clauses and submission agreements, choice of forum and rules of arbitration, enforceability of awards and the role of national courts during arbitration proceedings. The firm has been involved in litigation for enforcing arbitration awards, staying court proceedings initiated in violation of arbitration clauses and obtaining interim relief in support of pending arbitration proceedings.
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Aviation |
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The firm has experience in advisory work and drafting of documents on a wide range of aviation matters, including protecting, perfecting, and enforcing ownership or security interests in aircrafts, cross border aircraft purchase, mortgage of aircrafts and aircraft parts, wet and dry leasing of aircrafts as well as financing of the full range of aircraft related transactions. We advise on national regulatory requirements for aircraft purchase, lease, mortgage, licensing, slot allocation etc. The firm has expertise in carriers' liability resulting from casualties under both Bangladesh law and international conventions.
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Banking |
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The firm has expertise in the area of banking law and allied matters. Its services include providing assistance to local and multinational banks and international financial institutions on loan documentation and syndicated loans as well as providing general advice on banking law and financial services. It has advised and assisted multinational banking companies in their amalgamation, acquisition, reorganizing and restructuring processes, and frequently advises banking companies on their internal management and employment issues. As part of their litigation work, members of the firm provide representation in loan recovery cases in specialized money loan courts.
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Constitutional |
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Constitutional and administrative law and the enforcement of fundamental rights occupy a central position in the collective expertise offered by the firm.
Dr. Kamal Hossain, who chaired the Constitution Drafting Committee established by the Constituent Assembly of Bangladesh, is considered to be the country's leading expert on constitutional matters, and has appeared as counsel or been appointed by the Supreme Court as amicus curiae in many landmark cases.
The firm has a successful track record in challenging the actions of administrative and regulatory authorities and enforcement of government contracts in constitutional petitions. It also has extensive experience in judicial review of administrative decisions concerning assessment and payment of customs duty and VAT.
It has been involved in many proceedings for the enforcement of fundamental rights, including the rights to life and liberty, equality and equal protection of the law, safeguards on arrest, fair trial, freedom of expression, association, movement and religion and the right to property.
The firm is well known for its pro bono work in the areas of human rights, environmental law and protection of heritage building sites and monuments. |
The Chambers Global Guide (www.chambersandpartners.com) on our work in the field of constitutional and administrative law:
"The firm has an unparalleled reputation for its work in the field of judicial review. It has handled some of the most complex and difficult issues presented before the Supreme Court of Bangladesh in a series of landmark cases." |
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Corporate & Commercial |
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The firm has considerable experience in corporate and commercial law, including experience in advisory work, drafting of documents and litigation.
Within a diverse commercial practice, we focus on the following principal areas: admiralty and shipping, aviation, banking, commercial litigation, employment, energy, infrastructure projects such as telecommunications, port development, road construction, export processing zones etc., intellectual property, large and medium scale project finance and cross-border mergers and acquisitions.
The firm has expertise in all areas of company law, including directors' duties, shareholders' disputes, takeovers, mergers and acquisitions, corporate reconstructions and schemes of arrangement. We have substantial experience in corporate acquisitions, and have been involved in a number of large scale recent corporate acquisitions in the banking, energy and telecommunications sectors.
The firm has represented both national and international clients on intellectual property matters, including a range of multi-national companies.
Our experience in cross-border transactions includes drafting complex commercial contracts and advising on compliance with corporate and business laws relating to foreign investment in Bangladesh. We regularly advise multinational and national construction, engineering, pipeline, energy and telecommunication companies in negotiating turn-key contracts, joint venture and other construction and/or supply contracts and in resolving related disputes.
We also advise on aviation matters, including aircraft purchase, financing of aircraft related transactions, wet and dry leasing of aircrafts and carriers' liability resulting from casualties.
We have been highly rated by Legal 500 (www.legal500.com) for corporate and commercial work:
"The 'eminent' Dr. Kamal Hossain at Kamal Hossain & Associates is a senior advocate and former foreign minister. 'Timely' and 'diligent', he is skilled in handling international inward investment and joint ventures, particularly relating to power projects. For the last two years the firm has been working with the World Bank in a project analysing business regulation and its impact on the investment climate worldwide. A number of Western firms, including Clifford Chance and Eversheds LLP, as well as several multinational companies refer work to him as their first port of call, with clients praising his understanding of the commercial aspects of international transactions."
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Employment |
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The firm has expertise in employment law and provides a full range of professional legal services, including advisory work, drafting and litigation. It has advised foreign companies intending to establish a presence in Bangladesh on employment issues and on compliance with Bangladesh labour and employment law. It has drafted a diverse range of agreements and other legal documents to represent employment relationships, including contracts of service, consultancy agreements and agreements for hiring independent contractors. The firm has been involved in litigation on employment disputes. It has also been involved in public interest litigation to ensure compliance with national labour and workplace safety standards.
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Energy |
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The firm advises on both up-stream and down-stream aspects of the energy sector, and has worked on transmission and distribution projects, including corporatization of local distribution and exploration companies and their regulation. It advises both foreign and local companies considering entry into the Bangladesh energy market.
We have experience in mergers and acquisitions, project management and establishment and licensing of companies to develop projects. We offer commercial and regulatory advice, negotiate and draft power and gas purchase and sale contracts, independent power generation project implementation agreements, gas/fuel supply agreements for independent power producing ('IPP') companies and other energy related agreements. We have expertise in developing tax strategies for gas exploration and power generation companies and assisting clients in the energy industry in raising finance from foreign capital markets. We have advised on compliance issues, exemption applications, regulatory approvals and drafting of safety codes.
Representative transactions/projects in which we have been involved include acting as legal advisers to the public sector oil, gas and mineral corporation on various matters, such as overseeing the natural gas investment market in Bangladesh and advising generators, marketers, distributors and transmitters of electricity and IPPs in Bangladesh on the electricity market rules, market entry process and on the structure and functioning of the electricity industry in Bangladesh. We have advised on various contractual and regulatory issues, restructuring electricity sales contracts, gas supply contracts, refinancing, compliance issues and transmission rate negotiations.
Our clients include those who finance and develop renewable energy projects, undertake gas storage and pipeline projects and expansions or provide gas utilities, as well as end-users.
We have been involved in the drafting of the Gas Act, 2000, the first piece of legislation which provides for regulating the energy market through an independent Commission. We have assisted entities in both electricity and natural gas sectors with import and export licence applications. We have negotiated and drafted a diverse range of agreements regarding power generation, including power purchase and gas supply agreements on behalf of project owners and managers, government agencies, banks, large industrial and other wholesale and retail consumers of energy. |
Legal 500 (http://www.legal500.com) on our energy law practice:
"Sixteen-lawyer firm Kamal Hossain & Associates is widely acknowledged as the leading practice for energy-related matters, and has worked with a number of top-drawer multinationals and international law firms on various projects." |
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Telecommunications |
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The firm has long standing experience in dealing with business and legal challenges arising in the telecommunications sector and has been a leading provider of legal services since the privatization of the sector in the early 1990s. With many years of experience in both traditional and emerging telecommunication technologies, the firm is ideally placed to assist its clients.
The firm renders consultancy and advisory services regarding content providing arrangements, value added services and related transactions. It advises on telecommunication regulatory framework and compliance issues, including licensing framework, spectrum management, tariff planning and interconnection agreements.
We have been involved in obtaining certificates of authority, telecommunication licences and general permissions and have negotiated licence agreements with the Government. The firm has been involved in many telecommunication equipment contracts and financing of such contracts. We have advised on facility agreements, software licences, assignment and privilege agreements, securitization issues and syndicated and club financing.
The firm has litigation expertise in the diverse range of issues that arise in this industry. We have represented clients in regulatory and court proceedings on a wide range of issues, including the entry and establishment of businesses in Bangladesh, obtaining telecom licences, regulatory permissions and approvals, payment of regulatory fees etc.
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Chamber Building
2nd Floor
122-124 Motijheel C/A Dhaka 1000
Bangladesh
Tel : + 8802 955 2946
>>> + 8802 956 4954
>>> + 8802 955 0655
Fax: + 8802 956 4953
Email:khossain@citechco.net
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