SUHAN KHAN – ACCORD CHAMBERS

SUHAN KHAN, FCIArb

Barrister-at-Law (Lincoln’s Inn)

Fellow of the Chartered Institute of Arbitrators, UK

LL.B (Hons.), University of London

LL.M, Bristol Law School, UWE Bristol

PGDiL, Bristol Institute of Legal Practice

Advocate, Supreme Court of Bangladesh

MANAGING PARTNER

Mr. Suhan Khan, FCIArb, is a Fellow of the prestigious Chartered Institute of Arbitrators (CIArb), UK, a Barrister-at-law called to the Bar of England and Wales, and an Advocate of the Supreme Court of Bangladesh, with 12 (twelve) years of experience in the jurisdiction of Bangladesh.

Mr. Khan has successfully acted as the lead counsel in several international arbitrations seated in Singapore, London and Dhaka, alongside participation in numerous domestic arbitrations and enforcement of foreign arbitral awards. He regularly represents clients before the arbitration bench, admiralty and company bench of the Supreme Court of Bangladesh, High Court Division, and is frequently instructed by top tier international law firms for cross-border contentious and non-contentious matters involving the jurisdiction of Bangladesh.

Beyond the boundaries of courtroom, Suhan advises his clients on legal and regulatory compliance, foreign investment facilitation, M&A transactions and large scale industrial, energy and infrastructure project documentations. Suhan has acted as the lead counsel for some of Bangladesh’s largest projects that are truly first of its kind having national importance.

Notably, Mr. Khan has been advising multiple MNCs, INGOs, foreign investors as well as esteemed organisations such as the United Nations (UNHCR), the American Chamber of Commerce in Bangladesh etc. He has previously worked as an international consultant and researcher for the University of California Berkeley, War Crimes Studies Center and the East-West Center based in the United States. He was also a part-time faculty member for the University of London International Programme and taught at its affiliate centre. Prior to commencing his professional career in the year 2009, Mr. Khan obtained Bachelor of Laws from the University of London and a Master of Laws from the Bristol Law School, UWE Bristol, UK.

He was also professionally trained as a Barrister at the Bristol Institute of Legal Practice, UK from where he obtained PGDiL. He has also completed extensive international arbitration assessments and training at North America, New York and Canada Branch of CIArb, UK.

The following are examples of some of Suhan’s noteworthy exposures:

Successfully represented a French corporation as the lead counsel in international arbitration at the ICC International Court of Arbitration in Singapore arising out of a construction dispute in connection with the construction of Bangladesh’s first floating LNG terminal.
Successfully acted as the lead counsel in a number of international commercial arbitrations before GAFTA seated in London.
Representing a Russian state-owned corporation in an international arbitration pertaining to a 2.4GWe nuclear power plant in Bangladesh, the first of its kind.
Advising as lead counsel in the construction of US$ 2 billion petrochemical complex project and advising on project agreements, project financing, equity and debt structuring and licensing agreements for licensed units.
Acting as the lead counsel in one of the largest private-sector investments in the history of Bangladesh worth US$ 1.25 Billion in the energy sector concerning the construction of a mega-oil refinery, including the construction of hydro-skimmer process units and construction of tank farm units. The project is also the subject matter of the most extensive EPC works and also the largest syndicated financing in the country’s history.
Advised as lead counsel for Bangladesh’s first private sector bitumen/asphalt production plant worth US$ 200 million and drafted complex EPC contracts for the project including crude oil processing units.
Acted as the lead counsel for a turn-key project for the construction of 1,200,000 ton/year AD/VD plant in Bangladesh for Diesel production and provided complete negotiation and drafting/project documentation support.
Currently advising on the negotiation and drafting of EPC contracts for poly-olefins production complex consisting of an intended capacity of 1500 KT/yr Naptha Cracker Unit.
Partaking in the negotiation and legal due diligence for investment, financing and construction of 215±5% MW HFO Based Power Plant in Bangladesh.
Engaged as lead counsel for the due diligence, vetting and agreements drafting, including JV documentation, for the construction and setting up of jetty and proposed multi-purpose seaport in Chittagong, Bangladesh.
Acted as the lead counsel for the negotiation and drafting of contracts for the construction of a cement grinding unit near Mongla Port, Bangladesh with a production capacity of 380 tph OPC and 415 tph PCC by a Dutch company.
Undertook negotiation and drafting of agreements for the construction of a cement grinding extension unit having a production capacity of 305 tph PCC-A and 266 tph OPC at Narayangonj, Bangladesh by a German company.
Currently advising a Dubai-based company for the construction of an integrated cement plant in the United Arab Emirates including negotiation and drafting of legal documentations and MOU.
Negotiated and drafted contract for procurement, supply of capital machinery and construction of a chemical plant for manufacturing 65MTD methanol, 100MTD acetic acit, 150 MTD hydrogen peroxide, with commissioning and performance test segments.
Advised Joint Venture consortiums on high-value Private Public Partnership (PPP) Projects and BOOT model and represented JV entities before Governmental authorities, partook in contract negotiations and the drafting & finalization of project agreements. PPPs involved include construction contracts, power generation & distribution and the renewable energy sector.
Currently engaged with advisory supports for multiple independent power projects (IPP) and advising foreign investors on project land acquisition, regulatory compliance and project documentations.
Undertook negotiation and drafting of agreements for the construction of the Marine Offshore Terminal in Bangladesh.
Advised and assisted leading middle-eastern airlines on a wide range of regulatory issues, including the 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.
Drafted agreements with Dhaka City Corporation for public roads and roundabout construction, beautification and maintenance projects inside Dhaka city.
Acted as the lead counsel in an acquisition of a local power company with its ongoing power plant projects. Currently advising another power generation company with the consortium arrangement and offshore financing for its power plant project.
Acted as the lawyer for the construction of a state-of-the-art specialized hospital and research institute, and successfully represented clients in an arbitration arising out of a construction dispute.
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 a 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.
Currently representing as the legal counsel instructed by a leading oil corporation based in Singapore and its insurance underwriters based in Malaysia in a high-value crude palm olein misappropriation litigation.
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 a 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 staff in Bangladesh, interpretation of tender documents, ToR, concession agreement etc.
Regularly advising in admiralty and maritime disputes and frequently instructed to appear in litigations before the Admiralty Court of Bangladesh. 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 speedy release of vessels from detention.
Represented central regulatory bank of Bangladesh as legal counsel before the High Court Division of the Supreme Court of Bangladesh in numerous litigations in judicial reviews concerning the directorship of private banks and financial institutions and cases regarding the imposition of punitive measures by Bangladesh bank, moratorium and reconstruction of a private bank, the appointment of officials as observers, CIB matters etc.
Acted as legal counsel for power generation companies, global retailers, domestic conglomerates etc. in numerous litigations before the High Court Division of the Supreme Court of Bangladesh on a regular basis.
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 dollars, and was the first instance of private sector participation in infrastructure development in Bangladesh.
Represents the largest private-sector group of conglomerates of Bangladesh and has negotiated as well as drafted numerous highly complex cross-border contracts and facilitated high-value cross-border transactions. Considered as an expert on cross-border Engineering, Procurement, Construction and Commissioning (EPCC) turnkey contracts and equipment supply contracts with deep-rooted practical experience of working within the relevant FIDIC, WB and ICC legal framework.