Mahbub & Company (M&C) is acting in a high-stakes international commercial arbitration administered under the Permanent Court of Arbitration (PCA), representing a Bangladesh state-owned power and energy manufacturer and distributor in a complex cross-border dispute against an Australian consultancy firm.
At a critical preliminary stage of the proceedings, before the Arbitral Tribunal had been formally constituted, the Claimant initiated a challenge against the Respondent’s nominated arbitrator, alleging a conflict of interest. The challenge was strategically significant: had it succeeded, it would have stalled the constitution of the tribunal, disrupted procedural momentum, and materially delayed the commencement of the arbitration.
M&C responded with speed, clarity, and precision. Anchoring its submissions in the IBA Guidelines on Conflicts of Interest in International Arbitration and the relevant provisions of the UNCITRAL Arbitration Rules, the team demonstrated that the alleged connections fell decisively short of the internationally accepted threshold for disqualification. Equally critical was M&C’s evidence-based showing that all required disclosures had been made fully, transparently, and in a timely manner.
In a reasoned decision, the PCA Secretary-General rejected the challenge in its entirety, securing a decisive early procedural victory of the firm on behalf of the Client and conclusively clearing the path for the arbitration to proceed without obstruction.
Following the dismissal of the challenge, the Arbitral Tribunal was duly constituted, restoring procedural certainty and momentum to the proceedings. The arbitration then advanced to its next phase with the convening of the first Case Management Conference (CMC), held virtually. This marked the formal procedural commencement of the arbitration and confirmed that the proceedings are now firmly on track, structured, and progressing efficiently in line with international best practices.
The matter is being handled by M&C’s Cross-Border Disputes Team, with Partner Mr. Saqeb Mahbub, Senior Associate and Department Lead Mr. Rifat Rahman, and Associate Mr. Sajid Hassan playing central roles. Their combined experience, strategic foresight, and command of arbitral procedure proved instrumental in navigating complex procedural and substantive terrain at a critical junctur
This outcome underscores M&C’s ability to safeguard client interests at the most sensitive pressure points of international arbitration and further reinforces the firm’s standing as a trusted force in cross-border commercial disputes, capable of managing high-value, multi-jurisdictional arbitrations with confidence, precision, and hard-edged practical insight.
