M&C represented private power producer in the hearing before a Larger Bench of the High Court.
A Larger Bench of the High Court Division comprising of Mr. Justice J. B. M. Hassan, Justice Ahmed Sohel, Justice Sikder Mahmudur Razi has delivered a landmark judgment on 1 July 2026, authoritatively determining the forum for resolution of disputes in Bangladesh’s power sector. The dispute, arising between 28 leading private power producer and the Bangladesh Power Development Board (BPDB), concerned whether the Bangladesh Energy Regulatory Commission (BERC) had jurisdiction to entertain the dispute in the first instance, or whether the parties were required to exhaust the contractual dispute resolution process under the Power Purchase Agreement before commencing arbitration. Recognising the significance of this jurisdictional question, the Appellate Division referred the matter to a Larger Bench of the High Court Division comprising three Hon’ble Justices for authoritative determination of the issue.
The matter involved an intensive six-day hearing before the Larger Bench on the interplay between the Bangladesh Energy Regulatory Commission Act, 2003, the Bangladesh Energy Regulatory Commission Dispute Settlement Regulations, 2021, the Arbitration Act, 2001, and the dispute resolution provisions contained in the Power Purchase Agreement. Through its judgment, the Larger Bench held that BERC is the appropriate forum to entertain and adjudicate such disputes and that parties are not required to exhaust the contractual dispute resolution steps preceding arbitration before invoking BERC’s jurisdiction. The judgment is expected to serve as a significant precedent governing jurisdictional issues and dispute resolution in Bangladesh’s power sector.
Mahbub & Company represented United Power Generation & Distribution Company Ltd. (Anwara 300 MW Power Plant), one of the leading private power producers throughout every stage of the proceedings, from the Bangladesh Energy Regulatory Commission (BERC), to the High Court Division, the Chamber Judge, the Appellate Division, and ultimately the Larger Bench of the High Court Division, successfully securing the final order in favour of the client.
