Suhan Khan FCIArb

Suhan Khan was called to the Bar of England and Wales as a Barrister-at-law and is currently practicing as an Advocate of the Supreme Court of Bangladesh. Suhan’s key areas of specialization includes admiralty & commercial litigations, merger & acquisitions, corporate transactions, arbitration and foreign investment facilitation.

Suhan acts as the legal counsel for the American Chamber of Commerce in Bangladesh, multiple U.S. based corporations, several MNCs & INGOs, leading oil and gas corporations in Singapore, UAE and Bangladesh, major insurance underwriters in Malaysia and Hong Kong as well as the largest group of companies of Bangladesh. Suhan is also the counsel of choice of top tier international law firms based in London, Singapore, Hong Kong and India and is frequently instructed for matters involving the jurisdiction of Bangladesh.

Suhan regularly represents his clients before the arbitration bench, admiralty & company bench of the Supreme Court of Bangladesh, High Court Division. He has successfully represented owners of vessels, cargo owners, insurers and P&I Clubs in litigations before the admiralty court of Bangladesh and also secured arrests and speedy release of vessels from detention. He is representing a French corporation in an international arbitration before ICC, Singapore and also acted as legal counsel for global oil enterprises for enforcing awards in multitude of icommercial arbitrations before the ICC, FOSFA, ICA, SIAC etc.

Beyond the boundaries of courthouse, Suhan advises his client’s on regulatory affairs, internal legal & compliance issues, domestic and cross-border contract negotiation as well as mergers, corporate restructuring and transactional affairs. Suhan has helped foreign investors set up businesses in Bangladesh. Suhan is now acting as the lead counsel for the first and only private sector oil refinery project in Bangladesh since 1961 involving US$ 1.2 Billion. Suhan’s tactical and strategic acumen coupled with his excellent communication skills also enable him to seal the deal for his clients by leading from the front during negotiations and dispute resolutions. He is also one of the very few lawyers in Bangladesh with extensive experience & expertise on cross-border EPC/ turnkey contracts for projects, particularly in the energy sector and industrial supply contracts with deep rooted practical experience of working within the relevant FIDIC and ICC legal framework.

Suhan has mostly practiced in the country’s upper judiciary and represents his clients frequently before the arbitration bench, admiralty bench, company court and constitutional courts of the Supreme Court of Bangladesh, High Court Division. His well-proved advocacy skilled was envisioned at an early age when he earned the honor of becoming the 3^rd Best Student Advocate from amongst 156 Student Advocates from across the world in an international platform.

The following are further examples of some of his noteworthy exposures:

• Acted as the lead counsel for the first and only private sector mega oil refinery project in Bangladesh involving USD 1.2 Billion. The project involves the largest syndicated loan arrangement in the banking sector of Bangladesh.
• Acting lead counsel for cross-border technology procurement and licensing documentations for the production of LPG, diesel, petrol, furnace oil and aviation fuel.
• Acted as the lead counsel for publicly traded company and leading industrial corporations on high value cross-border contracts for cement plant, sugar refinery and steel mill projects.
• Advised and assisted leading middle-eastern airlines on a wide range of regulatory issues, including extension of Branch Office permission, exemption from restrictions on repatriation, change in Board, income tax exemptions etc., and also to correspond with public authorities of Bangladesh on its behalf. Also represented the airlines in multiple litigations pertaining to foreign exchange regulations, remittance and repatriation of revenues, flight operations and disputes arising in connection with its Dhaka Branch Office.
• Acted as legal counsel for global oil enterprises, agricultural goods merchants and leading commodities and raw cotton suppliers in numerous litigations against Bangladeshi buyers for the successful enforcement of multitude of foreign arbitral awards resulting from international commercial arbitrations before the International Chamber of Commerce (ICC), Federation of Oils, Seeds and Fats Association (FOSFA), International Cotton Association (ICA), Singapore International Arbitration Center (SIAC) etc. Also secured interim protective measures from Bangladeshi courts to ensure fruitful execution of such foreign arbitral awards in Bangladesh.
• Advised Joint Venture consortiums on high value Private Public Partnership (PPP) Projects and represented JV entities before Governmental authorities, partook in contract negotiations and the drafting & finalization of project agreements. PPPs involved with include construction contract, power generation & distribution and renewable energy sector.
• Acted for European locomotives supplier in the course of tendering and public procurement in Bangladesh on aspects concerning bid preparation, drafting of the contract and negotiation process. Advised on wide range of issues including liability for direct & consequential losses, liquidated damages and limitation of liability issues, tax issues for the corporation and its members of staffs in Bangladesh, interpretation of tender documents, ToR, concession agreement etc.
• Successfully represented foreign vessels, owners of vessels, cargo owners, insurers and P&I Clubs in litigations before the Admiralty court of Bangladesh in conjunction with claims for freight, demurrage and damages for collision at sea and port. Also secured arrests and release of vessels from detention.
• Involved and assisted in the arbitration proceedings pertaining to the PPP for the construction of the Gulistan-Jatrabari flyover and consequent dispute between the concessionaire and Dhaka City Corporation. The project involved an estimated project cost of BDT 670 crore, equivalent to US$ 83.75 million dollar, and was the first instance of private sector participation in infrastructure development in Bangladesh.
• Acted as legal counsel for power generation companies, global retailers, domestic conglomerates, the central regulatory bank of Bangladesh etc. in numerous litigations before the High Court Division of the Supreme Court of Bangladesh on a regular basis.

Firm Description:

ACCORD CHAMBERS is a dynamic and reformist law firm based in Bangladesh that offers full service “complete legal solutions” to its domestic and international clients. The firm’s core ethos is to not confine itself within the tenets of conventional law firms in the region but to take a step beyond: advance a one-stop complete package for its clients so as to address all concerns in the corporate and commercial context. In the premises, the firm advises not only on mainstream legal affairs, including litigation and dispute resolution, but also on investments, transactions, business strategies and operations from the perspective of Bangladeshi laws and regulations.

The firm recognizes the sub-continental challenges in general and the economic realities of Bangladesh in particular that are often faced by foreign investors as well as local companies on a regular basis. Taking such challenges and on-ground realities into imperative consideration, ACCORD CHAMBERS takes the most pragmatic approach and engages with its intuitive regional knowledge and deep market understanding so as to achieve the desired commercial outcomes for its clients while keeping their legal interests protected at all material times.

ACCORD CHAMBERS takes pride to have played the principal role in one of the largest private sector investment in the history of Bangladesh worth 1.25 Billion Dollars/ Taka 10,000 Crore. It has prepared complete legal documentation and advanced one-stop advisory services on legal and regulatory compliance that renders the firm as a pioneer of cross-border transactions in general and the energy and EPC turnkey projects in particular. The firm also acts as the legal counsel for the American Chamber of Commerce in Bangladesh, multiple U.S. based corporations, leading oil and gas corporations in Singapore and Bangladesh, major insurance underwriter in Malaysia as well as the largest group of companies of Bangladesh. It also works in close collaboration with top tier international law firms headquartered in London and India.

The success of the firm revolves around its client satisfaction. Our members care about the clients’ concerns, understand their urgency, respond to their requests and are sensitive about their security. Each one of us is uncompromising & inflexible when it comes to the utmost interest of our clients. In doing so, our members are programmed to ensure that ethical values and client confidentiality remain uncompromised.