Ehsan A. Siddiq

Practice Details

• Languages
  Bengali
  English
• Payment Information
  Payment & Cost Features

  Free initial consultation
  

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• Firm Information
  Position

  Partner

  Firm Name

  The Law Counsel
• Representative Cases & Transactions
  Cases

  Uzbekistan Airways v Airspan Ltd. (High Court Division) reported in 10 Bangladesh Law Chronicles 614
  Akter Hossain v Capital Tower (Pvt.) Ltd. (High Court Division), reported in 7 Law Guardian 265
  Allama Delwar Hossain Sayedee v Bangladesh
  ors (High Court Division), reported in 18 Bangladesh Law Times 188
  Mehedi Hasan (Md)
  ors v Bangladesh
  ors (High Court Division) reported in 19 Bangladesh Law Chronicles 472
  Md. Mosharraf Hossain
  anor v. Bangladesh
  ors (High Court Division
  Appellate Division) reported in 32 Bangladesh Legal Decisions (App. Div.) 67.

  Transactions

  Arbitration : Conducted arbitration proceedings on behalf of a number of local and foreign companies, firms and NGOs, including CARE-Bangladesh, Dunham-Bush Sdn. Bhd of Malaysia, BD Foods Limited and the Bangladesh Petroleum Corporation. Also challenged and defended arbitral awards before the High Court Division. Represented a local travel agent in proceedings where arbitration in Uzbekistan were successfully prevented from being initiated on the ground that legal proceedings had already been initiated in Bangladesh. This was one of the first cases under the Arbitration Act, 2001 which settled the law that if the seat of arbitration is fixed outside Bangladesh, then legal proceedings before the local courts are not barred. Represented a local construction firm in proceedings where a foreign company was successfully prevented from removing its equipment from Bangladesh during arbitration proceedings. Represented a foreign company in proceedings where an attempt by the BPDB to set aside an ICC award was successfully prevented. Successfully represented a local food processing company where legal proceedings initiated despite the existence an arbitration clause were held to be valid. The legal proceedings were not set aside, but were suspended for the duration of the arbitration proceedings. Represented the state run electricity provider in challenging an award passed by a local arbitral tribunal. An appeal from this case is now pending before the Appellate Division.Banking & Insurance:Drafting security documents, syndicated finance documents and other legal instruments for banks and financial institutions. Represented banks in a number of cases before the High Court Division and the Loan Recovery Courts. Provided legal assistance for the conversion of conventional banks to Islamic banks. Representing Islami Bank Bangladesh Limited, the largest private sector bank, in an application for judicial review, where the very basis of Islamic banking has been challenged. Represented FSBL in obtaining approval for the bank's conversion from the conventional to Islamic banking system. Successfully challenged the credit rating of an individual by Bangladesh Bank on the ground that he was a guarantor and not a borrower of a loan facility. This decision prompted the Government to change the law to bring guarantors within the fold of the definition of loan defaulters.Successfully represented an insurance company in an appeal against an insurance claim of BDT 17,163,623.52.. Successfully represented an insurance company against a claim that the insurance company was liable for the low credit rating of the insured as it (i.e. insured) had defaulted in its loan repayments because the insurance claim had not been honoured. Representing an insurance company against a claim lodged by the heirs of the deceased in a motor vehicle accident. This case will determine the extent of the liability of insurance companies in Bangladesh in case of fatal accidents. Representing an insured food processing company in relation to an insurance claim of BDT. 24,910,000.,Representing a food processing company in relation to a compensation claim against the insurance company for losses arising out of a failure to make payment within time.Company Law:Drafted and appeared in applications for altering the Memorandum of companies, mergers, liquidation, rectification of share registers and minority protection.Represented shareholders in an application for rectification of the share register of the company..Successfully represented 4 shareholder-directors in a minority protection application before the High Court Division, whereupon a court-appointed Chairman oversaw the operations of the Board for 6 months and reported on misappropriation. Successfully defended an insurance company and its board of directors in an application for minority protection.Employment Law: Drafted tailor-made employment contracts for foreign and local companies. Provided employment related advice to a number of newspapers including the Jai Jai Din, Amar Desh and the Naya Diganta. Was a member of the legal team that negotiated a settlement between the employees and the previous management of Jai Jai Din. Appeared before the Labour Appellate Tribunal and the High Court Division on behalf of both employees and employers. Recently, was involved in and won a landmark case on behalf of employees before the High Court Division involving participation in profits by employees of Unilever. The judgment prompted Parliament in 2013 to introduce changes to the Labour Act, 2006. Provided legal advice to various foreign companies in relation to the offer of Restricted Stock Units, phantom shares, etc. to employees of their subsidiaries in Bangladesh. Successfully represented a former employee of the BJMC against an attempt by the employer to adjust losses suffered by the BJMC (during the tenure of the employee's employment) against termination benefits payable to the employee. Successfully represented an employee in a claim for back-wages after he was re-instated in service upon being summarily dismissed by the Martial Law Authority. The success in this application prompted others to file similar cases which were also decided in favour of the employees. Successfully represented employees of Unilever (Bangladesh) Limited in preventing an attempt to reduce the extent of their participation in the profits of the company. Successfully represented employees of the Supreme Court of Bangladesh in securing a higher pay scale. Representing Personal Officers (i.e. government officers) in relation to their entitlement to be posted at various Embassies and High Commissions of Bangladesh abroad.Foreign Exchange:Advised a number of companies and firms including Bloomberg LP on the foreign exchange restrictions in Bangladesh.Govt. Contracts, Tenders, Licences: Advised both foreign and local companies in relation to government contracts and tenders. Conducted judicial review applications against a number of major state-run corporations, including Bangladesh Chemical Industries Corporation (BCIC) and Bangladesh Steel and Engineering Corporation (BSEC) in relation to non-compliance with tender conditions. Advised Northrop Grumman with regard to the sale of equipment to the Bangladesh Air Force. Also advised various ammunition suppliers in relation to the role of the Office of the Director-General of Defence Purchase and the Ministry of Defence. Verified contracts for a foreign supplier for the sale of helicopters to the Bangladesh Navy. Appeared before the Review Panel of the Planning Ministry (which is a special body dealing with disputes arising out of Govt. Tenders). Recently appeared on behalf of the International Container Terminal Services Inc. of the Philippines against the Chittagong Port Authority in relation to the tender for the New Mooring Container Terminal. Representing a client in relation to irregularities by the Road and Highways Department in conducting a tender for toll collection over a bridge. Successfully represented the Chittagong Development Authority against a challenge by the lease-holder of the cancellation of a long term lease of an industrial plot.Successfully represented a tour operator (operating from a private jetty) against an attempt made by the government-approved jetty operator to compel it to use its jetties.Successfully represented a hospital in respect of an attempt by the Road and Highways Department to build a road over its land. Successfully represented inhabitants of a village against an attempt by the Government to evict them.Income Tax, VAT, Customs etc:Conducted litigation on behalf of and against the National Board of Revenue. Drafted and conducted Income Tax Reference Applications. Advised and appeared on behalf of pharmaceutical companies, agro-processing companies and banks in relation to income tax disputes. Also appeared before the High Court Division on behalf of a number of Universities, including, North South University and the International Islamic University Chittagong in relation to their tax exemptions. Representing a company against the cancellation of a 5 year income tax holiday by the National Board of Revenue. Represented a Shariah-based bank in relation to treatment of Zakat as an allowable expenditure and hence exemption from income tax. Represented a private medial institution against the imposition of VAT.