Ajmalul Hossain QC

Call: 1976
QC: 1998

Ajmal is a Senior Advocate, Supreme Court of Bangladesh and International Arbitrator

He is an experienced advocate in multiple jurisdictions, appearing before the High Court and Court of Appeal in London, the High Court and Appellate Divisions of the Supreme Court of Bangladesh, and in domestic and international arbitrations and mediations. He acts as arbitrator and mediator in cross border and domestic disputes and sits on disciplinary panels and tribunals.

He has specialist knowledge of:

  • Litigation, arbitration and alternative dispute resolution
  • Multiparty actions
  • Cross border disputes
  • Debt and security recovery
  • Commercial frauds
  • Regulatory and fiduciary obligations
  • Commercial documents and financial contracts

His expertise extends also to the laws of: England, Bangladesh, India, Pakistan, and the European Union

His particular experience includes:

Sole arbitrator and co-arbitrator in several domestic and international institutional, trade and ad-hoc arbitrations. References include ICC arbitrations on contractual disputes concerning a $200 million power project and a $100 million contract for the supply of aircraft and as sole arbitrator appointed by LCIA on $32 million claim on a guarantee. Co-arbitrator in SIAC dispute relating to energy generation and waste disposal.

Counsel in arbitrations and mediations under institutional rules including ICSID, ICC, LCIA, SIAC, GAFTA, FOSFA, LMAA, RSA, PORAM and ad hoc arbitrations involving high value and multi-party cross border disputes involving governments, governmental, multinational and domestic entities.

Counsel for and against banks, financial institutions, corporations and others in many complex and high value litigation, arbitrations and mediations. Cases included claims arising out of transnational banking, trading, supply and financial contracts.

Senior Counsel in ICSID arbitrations for Bangladesh in a bi-lateral investment treaty dispute and for a multinational gas exploration company in a dispute concerning gas field blowout. Also Senior Counsel for corporate clients in several institutional and ad hoc arbitrations in the financial, energy and telecommunications sector.

Acted for several hundred ex-employees of BCCI and others in the $multi-million corporate insolvency of Bank of Credit and Commerce International in England, Luxembourg and the Cayman Islands. Also acted for the ex-employees in their claim against the Bank of England. The cases on behalf of the employees against the liquidators were settled in their favour under a package worth $millions.

Successfully challenged the Fifth Amendment to the Bangladesh Constitution declaring martial law illegal, acted as amicus curiae in the Bangladesh Supreme Court in several high profile constitutional cases including the Seventh (illegal martial law regime) and Thirteenth Amendment (caretaker government) cases.

Regularly advises the Bangladesh Government and Parliament on constitutional issues and the Law Commission on commercial and dispute resolution issues.

Cases include instructions from Channel 4 Television which led to the successful release from detention of two of their journalists in Bangladesh. This involved not only appearances in Bangladeshi courts but also in negotiations at the highest level of Government and with British and Italian diplomats.

Several judgments of cases are reported in the law reports of England and Bangladesh.

Advised and assisted in the setting up of subsidiaries, branches and representative offices of banks, financial institutions and companies in Bangladesh, UK, USA, Malaysia and the Middle East.

Provided expert opinions on laws of Bangladesh, India, Pakistan, England and the European Union and appeared in courts of North America, Europe and Asia as expert witness.

Clients include solicitors, foreign lawyers and other professionals, several multinational and local banks, development and other financial institutions and companies. He has friendly firm relations with various law firms globally.

Lead Consultant with a team of 12 lawyers drawn from France, India and Bangladesh in a two year World Bank funded project for the strengthening of the Bangladesh Bank (Central Bank). Terms of reference included considering the current regulatory and supervisory regimes, compare them with international standards and suggest changes including the drafting of new laws, regulations and guidelines.

  • Notable Cases

    Among the numerous reported cases in which Ajmalul has appeared are:

    • Woolwich Building Society v Daisystar Ltd & Anor (No. 2) LTL 16/03/2000 (CA)
      (Civil procedure: Recusal of Judge on grounds of bias)
    • Woolwich Building Society v Daisystar Ltd & Anor (No. 1) LTL 16/03/2000 (CA)
      (Set-off in damages for fraud)
    • BCCI v Ali & Ors [1999] 4 All ER 83
      (Employment contract (Stigma claims), banking)
    • BCCI v Ali & Ors [1999] 2 All ER 1005
      (Employment contract)
    • Guinle v Kirreh LTL 03/12/99 (Ch. D)
      (Civil procedure, arbitration)
    • Alam & Ors v BCCI SA & Ors
      (Breach of trust action; claim for US$400 million, settled for US$136 million)
    • Bengal Liner Ltd v Shadharan Bima Corporation (Bangladesh Supreme Court) [1996] BLC (AD) 127
      (Bangladeshi law)
    • Re BCCI SA (in liquidation) (No. 9) (1996) The Times, 8 October
      (Corporate insolvency)
    • Cargill International SA v BSFIC (QB, Com Ct) Morrison J. [1996] 2 Lloyd’s Rep 526; [1998] 2 All ER 406 (CA)
      (Banking, commercial contract, international trade)
    • Re BCCI (No. 10) [1995] BCLC 362
      (Corporate insolvency)
    • Pentagen Technologies Ltd v Express Secretaries Ltd (1995) The Times, 7 April (CA)
      (Company law)
    • BEI v SKI [1995] 2 Lloyd’s Rep 1 (CA)
      (International trade)
    • BCCI v Malik (1995) The Independent, 13 March (Ch D); [1996] BCC 15
      (Banking, commercial contract)
    • BCCI HK v Sonali [1995] 1 Lloyd’s Rep 227 (QB, Com Ct)
      (Banking, private international law)
    • Harvey v Institute of Motor Industry [1995] IRLR 416 (EAT)
    • Justfern v D’Ingerthorpe [1994] ICR 286 (EAT)