Admiralty
Employment
Arbitration
Energy
Aviation
Intellectual Property
Banking
Telecommunications
Securities and Exchange
Taxation
Corporate & Commercial
Constitutional & Administrative


Admiralty  


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 variety of cargo disputes involving diverse items, such as bulk oil, grain and containerised goods.


Legal 500, 2008 Edition (http://www.legal500.com) "Dr Kamal Hossain & Associates has plenty of experience in the shipping field, and the firm is frequently engaged by foreign firms such as Eversheds LLP and Rajah & Tann to handle various admiralty disputes".
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Arbitration
 


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.

Legal 500, 2008 Edition (www.legal500.com) "Dr Kamal Hossain & Associates’ Dr Kamal Hossain is a senior advocate, arbitrator and constitutional law expert. He is held in high esteem, not least for his integrity and ‘ethical standards’. The firm recently represented Stratus Construction Co in litigation arising out of an arbitral award relating to a construction dispute".


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Aviation


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
 


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.

Legal 500, 2008 Edition (www.legal500.com) "Dr Kamal Hossain & Associates has experience across a range of commercial and investment banking matters. The firm advises Citibank on various issues including credit documentation, securitisation, syndicated financing and e-banking. Herbert Smith LLP recently engaged the firm for advice on the local law aspects of a US$500,000 debt financing, which included due diligence on the Bangladesh documents and securities. Other recent clients include First Data International and National Credit and Commerce Bank, while in the past the firm has advised Bank of Tokyo and Arab Bangladesh Bank".


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Securities and Exchange
 


The firm has also acted as counsels for Citigroup Global Markets Bangladesh Limited, the global co-ordinator, issue manager, and lead underwriter for the Initial Public Offering to be made by Grameenphone Limited, the largest mobile phone company in Bangladesh. The IPO is set to become Bangladesh’s biggest IPO.

The firm has also been instructed by GrameenPhone Limited in a unique ground-breaking project whereby GrameenPhone Limited raised fund through issuance of coupon bearing bonds on a private placement basis. The bond issue was the first of its kind in Bangladesh and the introduction of this new debt instrument has greatly assisted in the development of the Bangladesh securities market.

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Corporate & Commercial
 


The firm has considerable experience in corporate and commercial law, including experience in advisory work, drafting of documents and litigation.

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.


Chambers and Partners 2010: 'This group prides itself on the complexity of its corporate work, which primarily involves M&A. The “sizeable and impressive” practice is also particularly known for handling commercial litigation, in addition to providing opinions and vetting documents concerning a variety of commercial and corporate issues. The “busy and hard-working” Kamal Hossain leads the group. His years of experience help to attract large domestic and international clients to the practice.' (http://www.chambersandpartners.com/editorial.aspx?ssid=31078)

Legal 500, 2008 Edition (www.legal500.com) "The firm ‘always acts in the best interest of its clients’, one of which commented that the team was ‘very proactive in highlighting various aspects that were not contemplated in our instructions'."

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Employment
 


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
 


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, 2008 Edition (http://www.legal500.com) "Dr.Kamal Hossain & Associates has a market-leading projects practice,and the firm enjoys good relationships with a number of international firms,recently working with Norton Rose LLP on a cross-border acquisition in the power sector - an area in which the firm has considerable experience.Meanwhile Latham & Watkins LLP worked with the firm in providing advice to the IFC in relation to the gas-fired Bibiyana project.The firm has also worked closely with the Bangladesh government on some key energy regulatory issues."
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Intellectual Property
 


We have practiced in the area of Intellectual Property Law for 14 years. We regularly advise and act on behalf of local and foreign clients in connection with a wide range of intellectual property services, including but not limited to: registration, infringement, licensing and litigation in relation to trademarks, patents, copyrights and domains.We have experience in conducting litigation arising out of and/ or in connection with trademarks, patents and copyright disputes both in the Supreme Court as well as before trial courts and concerned authorities. We recently won a major case on passing off. We also have experience in preparing and drafting agreements to secure intellectual property rights.

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Telecommunications
 


The firm has acted as lawyers in Bangladesh in respect of the demerger of Telekom Malaysia and the international listing of TM International, a subsidiary of Telekom Malaysia Berhad. This project has been recognized as the Equity Market Deal of the Year (2008) and our firm was nominated as a finalist for the ALB SE Asia Law Awards 2009.

The firm has also acted as counsels for Citigroup Global Markets Bangladesh Limited, the global co-ordinator, issue manager, and lead underwriter for the Initial Public Offering to be made by Grameenphone Limited, the largest mobile phone company in Bangladesh. The IPO is set to become Bangladesh’s biggest IPO.

The firm has also been instructed by GrameenPhone Limited in a unique ground-breaking project whereby GrameenPhone Limited raised fund through issuance of coupon bearing bonds on a private placement basis. The bond issue was the first of its kind in Bangladesh and the introduction of this new debt instrument has greatly assisted in the development of the Bangladesh securities market.

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Taxation
 


The Firm has a diverse tax practice that includes advising on income tax, VAT and customs related issues arising from the domestic and international trade, compliance requirements for individuals and domestic and international entities carrying on business in Bangladesh, including in the not for profit sector, corporate re-organisation and other related corporate work.

The Firm has extensive experience in judicial review of administrative decisions concerning, inter alia, assessment and payment of customs duty, VAT and income tax. Its services include challenging administrative decisions of the concerned tax regulatory authorities arising from assessment of customs duty, VAT and Income tax, the imposition of fines, seizure and confiscation of goods, classification of H.S. Code of the imported goods, cancellation of rebate, bond licence etc before statutory tribunals and the superior courts.

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Constitutional & Administrative
 


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.



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