appendix from Arbitration in Asia, Second Edition

PREVIEW PAGE

THE ARBITRATION ACT, 2001

[Act No. 1 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 1
INTRODUCTORY

1. 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

2. 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; or