Margub Kabir

Margub Kabir has over fifteen years of experience acting as counsel in commercial arbitrations covering numerous applicable laws and seats of arbitration. He has a widely acknowledged range of experience in arbitration and litigation in the areas of infrastructure, energy, telecommunications and supply contracts. He regularly handles disputes arising out of joint venture, shareholder and distribution agreements. He has in recent years been involved in a number of arbitrations, notably in the infrastructure, energy and power distribution sectors under the ICC, SIAC, LMAA and UNCITRAL rules. He has also been involved in proceedings before the Court of Arbitration for Sport in Switzerland.

Margub is a member of the ICC Commission on Arbitration. He is the Focal Point of the Investment Sub-Committee of Metropolitan Chamber of Commerce and Industry (MCCI), Dhaka, Bangladesh. He is also a Member of the Commercial Legislation Sub-Committee and Tariff and Taxation Sub-Committee of the MCCI, Bangladesh.

Margub has a significant corporate practice, advising clients on mergers and acquisitions, Banking, Corporate and Company laws Commercial Disputes, Securities Laws, Litigation and ADR. His Court cases are widely reported and are regularly referred to by lawyers and businesses.

Admitted to practice in Bangladesh as an Advocate of both the High Court Division and Appellate Division of the Supreme Court of Bangladesh, Margub is a Barrister-at-Law of the Honourable Society of Lincoln’s Inn, London, United Kingdom and an Attorney-at-Law at New York, USA. Margub earned his LL.M from the George Washington University Law School and the University of Northumbria. He earned his LLB from the University of Northumbria.

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Member, The Honorable Society of Lincoln’s Inn, U.K.

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Member, Bar Council of England & Wales

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Member, Bangladesh Supreme Court Bar Association

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Member, Dhaka Bar Association, Bangladesh

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Member, Bangladesh Bar Council

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Member, Young International Arbitration Group of LCIA

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Specialisation on international and domestic arbitration, dispute settlement, banking and financial laws, telecommunication laws, commercial laws, fiscal laws, international transactions, cross border transactions, securities laws, merger & acquisitions, company law, insurance laws, e-commerce, foreign direct investment.

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Legal Retainer of Foreign Investors, large Manufacturers, Asset Management Company, Financial Institutions, Large Scale Real Estate Developer and Mobile Operator.

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Legal Consultant of International Finance Corporation and World Bank.

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Regularly represents clients before the High Court Division of the Supreme Court of Bangladesh in fiscal matters including Income Tax Reference Applications, Customs Appeals, VAT Revisions, banking matters, Company matters, Mergers and Acquisitions, judicial reviews involving tender, road construction, regulatory issues, arbitration matters, banking laws etc.

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Currently defending a State-owned Entity in Commercial Arbitration initiated by a Spanish Contractor under the ICC Rules of Arbitration in Geneva.

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Defended a Constitutional Body in Commercial Arbitration initiated by a French Contractor under UNCITRAL Rules of Arbitration in Singapore.

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Advising Companies on cross border insolvency proceedings.

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Advising telecommunication companies on Spectrum Auction, 3G Licensing, 4G Licensing, telecommunication laws, corporate governance, labour issues, BTRC Directives, corporate governance and regulatory compliance.

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Advised a multilateral donor agency on substantial acquisition of shares of a bank company; including general observation on corporate governance, banking laws, company law and regulatory affairs including Bangladesh Bank and Bangladesh Securities and Exchange Commission.

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Advised foreign financial institutions and banks on Banking laws of Bangladesh, Foreign Exchange laws, Credit laws, Securities laws and the role of the regulators.

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Advised and represented listed and private companies in Merger and Acquisition process before the High Court Division; Advised on the Scheme of Amalgamation and the structure of shares post-merger including transfer of licenses, contracts, employees, existing litigation etc. Advised on regulatory requirement including filing before the Bangladesh Securities and Exchange Commission.

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Advised on a 100% share acquisition of a local company by foreign investors involving restructuring, raising of capital, assets and license transfers, valuation and fiscal issues.

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Represented a commercial bank on their disagreements with workers and trade union.

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Advised a leading business house in its issuance of tradable zero coupon bonds of Tk. 1.00 billion; advising on Initial Public Offering and Direct Listing.

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Advised one of the largest Joint Venture Company in Bangladesh in its Initial Public Offering; Legal vetting of IPO documents including agreements with issue manager, bankers to the issue, underwriters, merchant bank etc.

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Regularly advise local, joint venture, multi-national entities on regulatory issues involving Bangladesh Securities and Exchange Commission, Registrar of Joint Stock Companies and Firms, Insurance Development Regulatory Authority, Bangladesh Bank, Bangladesh Export Processing Zones Authority, Bangladesh Telecommunication Regulatory Commission.

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Advised insurance companies on regulatory matters, corporate governance, shareholders’ disputes, IDRA regulations, appointment and power of directors.

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Represented clients under the ICC Rules of Arbitration, LCIA Arbitration Rules, SIAC Arbitration Rules, London Maritime Arbitration Rules, Bye-laws and Rules of International Cotton Association.

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Regularly files judicial review in the form of Writ Petition before the High Court of Bangladesh challenging Government decisions/ orders/ notifications, provisions of law and other related matters.

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Regularly appears in Customs Matters, VAT & Income Tax Matters in the High Court.

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Successfully represented a leading tobacco company in its challenge against the Customs Authority regarding customs duties in the High Court Division.

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Advising an international telecommunications company on telecommunication laws, corporate governance, labour issues and regulatory compliance.

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Advise on corporate governance and regulatory matters including Bangladesh Bank, Bangladesh Securities and Exchange Commission, BEPZA, BTRC.

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Advised on structuring, establishing, regulatory and operational issues and incorporation of private companies and associations with the Registrar of Joint Stock Companies.

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Advised a foreign NGO on governance to operate in Bangladesh, the advantages of different mode of business. Assisted in the registration with the NGO Affairs Bureau to operate as a foreign NGO; Advised on local Employment law and policy.

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Represented clients in property related litigations before all tiers of civil courts, tribunals and quasi-judicial tribunals including the District Judge’s Court, High Court Division and Appellate Division of the Supreme Court of Bangladesh involving disputes relating to title, possession and transfer of property, developer agreement, landlord-tenant dispute, partition, preemption, abandoned property and rectification of record of rights. Represented clients in litigations involving disputes relating to mutation of property, land acquisition and compensation arising therefrom in quasi-judicial tribunals.

Reported cases

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Kay & Que (Bangladesh) Limited vs. The Registrar, Joint Stock Companies and Firms, Dhaka 72 DLR (2020) 75

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Jamuna Resort Limited vs. Bangladesh Bridge Authority, Bridge Division (2016) 36 BLD 561

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Super Sea Fish (Pvt.) Ltd. Vs. Bangladehs & others 20 BLC (2015) 49

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Md. Fakrul Islam vs. Fareast Islami Life Insurance Company Ltd. & others 1 CLR (2013)(HCD) 307

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ABC Attire Limited vs. Bangladesh & others 64 DLR (2012) 399

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Sk. Akijuddin Ltd. vs. National Board of Revenue & others 16 BLC (2011) 692

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Sirajul Haque vs. Apollo Ispat Complex Limited (2014) 34 BLD 91

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Mofizur Rahman vs. Bangladesh & others 69 DLR (2017) 402

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