adr-strategylisted

# ADR Strategy — Bangladesh Read `references/courts-and-adr.md`; config for ADR posture and settlement authority. ## Decision frame - **Clause already exists?** Map it: seat, rules, seat-court, language, appointing authority. Bangladesh-seated → Arbitration Act 2001 fully applies (interim relief s.7A, set-aside s.42–43 with the 60-day clock). Foreign-seated → recognition/enforcement via ss.45–47 (NY Convention), but **Bangladesh-court interim measures in aid of foreign-seated arbitrations are unsettled case-law territory ��� state both lines and escalate**. - **No clause, dispute live?** Post-dispute arbitration agreement possible but rare; court-annexed mediation (s.89A) is the realistic settlement engine once a suit exists — and is effectively a mandatory stage in many civil suits. - **Award in hand?** Enforcement roadmap: domestic award → execution as decree after set-aside window; foreign award → HCD enforcement application, grounds for refusal s.46 (narrow, public-policy ground is the battleground). Foreign *judgment* instead of award → warn: much harder (CPC s.13/44A), which is why the clause-design default below exists. - **Labour disputes:** conciliation machinery (BLA Ch. XIV) precedes strikes/Labour Court on industrial disputes — sequence matters. ## Clause-design defaults (transactional support) Domestic-domestic: BIAC or ad hoc UNCITRAL, Dhaka seat, English language, sole arbitrator under [threshold], three above. Cross-border: SIAC/IC