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Asia-Pacific Guide - also see Chambers Global
Individual Profile

Mohammed Forrukh Rahman

Rahman's Chambers - Dhaka

Mohammed Forrukh Rahman - Rahman's Chambers
  • Rangs Shawpnil
  • Dhaka, Dhaka District, Bangladesh

Profile submitted by Mohammed Forrukh Rahman

Main Areas of Law

Counsel in Corporate & Commercial litigation before High court, District/magistrate court & tribunals.
Counsel or arbitrator/mediator in arbitration, mediation and other ADR in construction, commercial and investment matters.
Commercial transactions, International Trade, Trade fraud
Banking, finance and insurance and related fraud
Maritime, Shipping, shipbuilding and marine insurance.
Power, energy and other infrastructure projects
Merger/Amalgamation, take over, winding up, Corporate restructuring and related matters.

Work Highlights

Pertaining to the in-depth knowledge, understanding and the higher education of Mr. Rahman, the Chambers rapidly developed its reputation in the area of Admiralty Maritime Laws, which is presently one of the core areas of practice of the firm. Mr. Rahman assisted Hon’ble court in securing a Landmark decision, confirming the jurisdiction of Admiralty court as opposed to Artha Rin Adalat in First Security Islami Bank Ltd vs MV Javed and others reported in 69 DLR (2017) 408

Mr. Rahman is a Fellow of Hong Kong Institute of Arbitrators and a CEDR Accredited Mediator. As a counsel in arbitration Mr. Rahman has been successfully involved in international sales, Power, IT, shipbuilding, Construction related arbitration. Mr. Rahman successfully conducted ADR on a national payment switch project over dispute valued at $1.08 million.

The reported cases successfully conducted by Mr. Rahman are:
• LC Fraud (Hallmark case) Alvi Spinning Mills Ltd and others vs Govt of Bangladesh 19 MLR (HCD) 277,
• Institutional Reorganisation: Md Shamsuddin and 256 others vs Bangladesh 2 CLR (HCD) 523,
• International Trade: Freight Management vs. Bangladesh Bank 2 CLR (HCD) 586; 19 MLR (HCD) 336,
• Ship Finance and Jurisdiction of Admiralty court: First Security Islami Bank Ltd vs MV Javed and others reported in 69 DLR (2017) 408
• Admiralty and Maritime claim: Marodi Services vs MV Swift Cro. in 2 CLR (HCD) (2014) 456,
• Freight and Charges: Maersk Bangladesh Limited vs Bangladesh reported in 4 CLC (HCD) 79.
• Arbitration(power plant): BPDB vs. Summit Industrial in 19 BLC (2014) 284; 2 CLR (HCD) (2014) 73,
• Negotiable Instrument: Abdul Mannan vs State and Others 21 BLC (2016) 402
• Insurance Claim: Abdul Jalil & Others Vs. Judge, Artha Rin Adalat, 2nd Court, Dhaka & Another reported in 67 DLR 475
• CIB Report of Nominee Director and Share Transfer: S.M. Akbar and Another vs Bangladesh Reported in 5 CLR (HCD) (2017) 307.
• CIB (Banking): Anwar Cement Limited vs. Bangladesh Bank reported in 65 DLR (2013) 97; 40 CLC (HCD) 2011,
• Natural justice: Amjad Hossain vs. Bangladesh Bank reported in 17 BLC (HC) 188; 41 CLC (HCD) 2012,
• Tenancy: Dr. Moosa Bin Shamsher vs. Ayub Ali & Others reported in 2 LNJ (2013) 18 etc.

Career

Head of Chambers (2006-today)
Ex Legal Consultant, Power Cell, Power Division, Ministry of Power, Energy and Mineral Resources, Dhaka (2007-2008)
Ex Associate, A. Hossain & Associates, Dhaka Office (The chambers of Mr. Ajmalul Hossain QC) & Support Lawyer, Legal Counsel, Central Bank Strengthening Project, Bangladesh Bank for A Hossain & Associates( 2004-2006)
Ex trainee, Lee, Khan & Partners (2004).

Experience

Arbitration, Mediation and ADR successfully completed by Mr. Rahman:
• Banking: IDCOL vs Bhelabazar Shamaz Unnayan Sangstha (BSUS).
• Banking: IDCOL vs Kamrul Biogas & Compost Fertilizer Research Development Company Limited.
• Power: Summit Power Limited vs. BPDB
• Power: Smith Co-generation (BD) Ltd. vs. BPDB and GOB
• Power: Quantum Power vs BPDB
• IT: Infotech Pte Ltd vs Bangladesh Bank
• Shipbuilding: Ananda Shipyard and Slipways Ltd vs. Komrowski Maritime GMBH, Germany
• VAT: Grameen Danone Foods Ltd vs. Customs, Excise and VAT Authorities (ADR from Appellate Tribunal)
• Construction: Knight Frank Dev Ltd vs Atal Properties Ltd.

Projects successfully completed:
• Takeover of Rancon Sweaters Ltd from Saturn Textiles by A K Khan and MU Union, Hong Kong
• Merger and Amalgamation of New Gen Graphics Ltd and BD Internet Exchange Ltd.
• Power project due diligence and tender documentation for YTL Power International Behard.
• Takeover of Sunshine garments by Fakir Knitwear Ltd
• Syndication/club lending documentation a/c: Bangladesh Biman
• Financing documentation for power project participant Meiya Power Co. Ltd and others.

Involvement with Legislation/Guideline drafting/vetting
• Bangladesh Bank Order (amendment) 2009, Bank Company Ain (amendment) Draft 2009, Financial Institutions Act (Draft) (amendment) 2009 and its translation.
• Money Laundering and Terrorist Finance Act (Draft)
• secured Transaction Act (Draft)
• Guideline on Islamic Banking
• Guideline on Debt and Equity Participation
• Guideline on Public Private Partnership (power sector).

Professional Memberships

Fellow, Hong Kong Institute of Arbitrators (FHKIArb).
Associate Member, Chartered Institute of Arbitrators, London (ACIArb).
Associate Member, Singapore Institute of Arbitrators, Singapore (ASIArb).
Panel Mediator, Bangladesh International Arbitration Center (BIAC).
CEDR Accredited Mediator, London, UK.
Member, International Bar Association.
Member, Bangladesh Supreme Court Bar Association.
Member, Dhaka Bar Association.
Member, Barristers’ Association of Bangladesh.

Industry Sector Expertise

Mr. Mohammed Forrukh Rahman, LLB (London) PGCertLaw(Corporate & Commercial)(London), Fellow Hong Kong Institute of Arbitrators, is a Barrister of Hon’ble Society of Lincoln’s Inn, London and Advocate, Supreme Court of Bangladesh.

On power and infrastructure matters, Mr. Rahman acted as legal counsel in several power plant projects e.g. dual fuel, coal, rental, solar, IPP, Small IPP at several stages ranging starting from due diligence. Besides, he appeared as a counsel in a number of litigation before High court, District court and arbitration.

On banking an finance matters, Mr. Rahman was involved in a number of major syndication, project finance transactions, drafting of several laws, circulars, regulation and guidelines. Mr. Rahman advised central bank from 2004 till 2015 on various complex banking legal issues and also acted as counsel over various major complex commercial, banking litigation involving local and cross border transaction.

As the Head of Chambers Mr. Rahman and the firm acted as a retainer for several companies since the inception of the Chambers and advised clients on several corporate matters such as takeovers, as well as handled several corporate litigation, for example winding up, minority protection, merger etc.

In the capacity of a Counsel, Mr. Rahman has successfully argued in a the ground breaking litigation involving House Bill of lading, cross border transaction and International Trade: Freight Management vs. Bangladesh Bank reported in 2 CLR (HCD) 586; 19 MLR (HCD)336

Mr. Rahman was a lawyer for Central Bank from 2006 to 2015. While working for Central Bank as its counsel in the High Court and the District Court matters, Mr. Rahman was involved in matters on several areas of law, not restricted to banking only, but also foreign exchange on International Trade etc. in which he had developed significant expertise.

Pertaining to the in-depth knowledge, understanding and the higher education of Mr. Rahman, the Chambers rapidly developed its reputation in the area of Admiralty Maritime Laws, which is presently one of the core areas of practice of the firm.

Expert in these Jurisdictions

Mr. Rahman was called to the Bar of England & Wales. Although, he is qualified to practice within the jurisdiction of the Peoples Republic of Bangladesh, his practice is mostly based within Dhaka & Chittagong. Also, he travel to Hong Kong and Singapore quite often for Arbitration.

Languages Spoken

Fluent in English and Bengali, Moderate in Hindi.

Publications

“Crisis time drafting of commercial contracts” titled Article was published in The Daily Star.

“Judicial Intervention in Administrative Action: Bangladesh Bank Perspective” titled Article was published in The Daily Star.

“Preventing money laundering What should be the mechanism?” titled Article was published in The Daily Star.

“Common International Trade Disputes in Bangladesh” titled Article was published in the BIAC Fifth Anniversary Souvenir.

“Construction and Engineering Related disputes in Bangladesh” titled Article was published in the BIAC Quarterly Bulletin 2017.

“Power Sector Related Arbitration in Bangladesh” titled Article was published in the BIAC’s 6th Anniversary Souvenir.

Education

University of London, UK Postgraduate Certificate - Laws (Commercial and Corporate law) 2013 - 2017
The College of Law, UK. The Bar Vocational Course 2002 - 2003
University of London, UK. Bachelor of Laws (LLB) 1999 - 2002
Edexcel International Advanced Level Law 1997 - 1999
Edexcel International Advanced Level Government and Politics 1996 - 1997
Dhaka College, Dhaka Higher Secondary Certificate (HSC) 1993 - 1995
Dhaka Residential Model College, Dhaka. Secondary School Certificate (SSC) 1991 - 1993