Barrister Ghani has the unique experience of working in top international law firms in three jurisdictions - in the United States (for Foley Hoag, LLP, a top ranked international arbitration firm); in the United Kingdom (for Eversheds LLP, one of the top ranked global firms operating in the United Kingdom), and in Bangladesh (as Partner at Dr. Kamal Hossain & Associates). He completed both his LL.B and LL.M/Public International Law from the London School of Economics and Political Science, London, U.K. He was called to the Bar of England and Wales from Lincoln’s Inn and enrolled as an Advocate of the Supreme Court of Bangladesh. He is a Fulbright Fellow having completed one year of graduate studies in International Arbitration from the Washington College of Law, American University, Washington D.C., U.S.A.
He specializes in international investment law, arbitration law, and regularly advises large scale investment projects. Currently, Barrister Ghani is assisting Bangladesh government entities in eight international arbitration cases, out of which three international arbitration cases are now pending before the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) - Niko Resources Bangladesh Ltd. v. BAPEX (ICSID Case No. ARB/10/11); Niko Resources Bangladesh Ltd. v. Petrobangla (ICSID Case No. ARB/10/18); and NEPC Consortium Power Limited v. Bangladesh Power Development Board (ICSID Case No. ARB/18/15). During 2008-2010 he acted as counsel for Bangladesh in Chevron Bangladesh Block Twelve, Ltd. and Chevron Bangladesh Blocks Thirteen and Fourteen, Ltd. v. People’s Republic of Bangladesh (ICSID Case No. ARB/06/10). During 2011-2012 he acted as counsel for Venezuela (as a team member of Foley Hoag LLP) in Gold Reserve Inc. v. Bolivarian Republic of Venezuela (ICSID Case No. ARB(AF)/09/1). He has also acted as Assistant to the Tribunal in two ICSID cases - Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic (ICSID Case No. ARB/09/1) and Standard Chartered Bank (Hong Kong) Limited v. United Republic of Tanzania (ICSID Case No. ARB/15/41). He is currently assisting the Bangladesh Telecommunications Regulatory Commission (BTRC) in legal proceedings before the Federal courts of New York.
In 2021, Barrister Ghani was appointed by the Government of Bangladesh as Bangladesh’s nominee to the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) Panel of Arbitrators.
In transactional matters, Barrister Ghani is currently assisting in the set-up of a Chinese Investment and Economic Zone in Bangladesh and has also advised a Chinese investor regarding setting up of a garments industrial park in Bangladesh. He is acting as legal adviser to the sub-contractor in the Dhaka Ashulia Elevated Expressway Project. He is advising an impact technology fund focusing on early stage, tech-platform companies in South Asia. He has assisted the operations and set up of a number of foreign entities in Bangladesh including foreign banks, foreign companies, the USAID funded National Democratic Institute (“NDI”), the DFID owned Commonwealth Development Corporation Group plc (“CDC”), a UK based energy company, and a Malaysian conglomerate with the acquisition of three power plants in Bangladesh with capacities of 450 MW, 360 MW, and 110 MW respectively. He has acted as counsel for IFC on the credit facility provided to Robi Axiata, and acted as counsel for the issue manager, Citibank N.A. for the IPO of Grameenphone. He has assisted a Spanish company in the bidding process for a 450 MW combined cycle power plants in Ashuganj Bangladesh. Barrister Ghani has acted as a national consultant for the UNDP in one project assessing UNDP Support to Bangladesh Police and another project conducting the Political Economy Analysis for the Justice and Security Sector of Bangladesh.
Barrister Ghani acts as legal counsel for a number of state-owned entities, private companies, foreign companies, trusts, and not-for-profit entities. He is currently serving as a Director in the board of the Coal Power Generation Company Bangladesh Limited (CPGCBL) and a Director at Rupantarita Prakritik Gas Company Limited (RPGCL), both are enterprises of the Government of the People's Republic of Bangladesh.
INTERNATIONAL ARBITRATION:
(A) World Bank’s International Centre for the Settlement of Investment Disputes (ICSID)
(i) Appointment to ICSID Panel of Arbitrators:
Appointed by the Government of Bangladesh, through the Ministry of Foreign Affairs (MOFA), as Bangladesh’s nominee to the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) Panel of Arbitrators (2021-2026).
(ii) As Counsel:
1. Counsel for Government of Bangladesh and Petrobangla, KrisEnergy Bangladesh Limited v. People's Republic of Bangladesh and Bangladesh Oil Gas and Mineral Corporation (ICSID Case No. ARB/22/4) (2022 to present)
2. Counsel for Government of Bangladesh and Petrobangla, Niko Exploration (Block 9) Ltd v. People’s Republic of Bangladesh and Petrobangla, ICSID Case No. ARB/19/18 (2019 to present).
3. Counsel for Petrobangla, Niko Resources (Bangladesh) Ltd. v. Bangladesh Oil Gas & Mineral Corporation ("Petrobangla"), ICSID Case No. ARB/10/18 (2015 to present).
4. Counsel for BAPEX, Niko Resources (Bangladesh) Ltd. v. Bangladesh Petroleum Exploration & Production Company Limited ("Bapex"), ICSID Case No. ARB/10/11 (2015 to present).
5. Counsel for Bangladesh Power Development Board, NEPC Consortium v BPDB, ICSID Case No. ARB/18/15 (2018-2021).
6. Counsel for the Venezuela as member of Foley Hoag LLP, Gold Reserve Inc. v. Bolivarian Republic of Venezuela, ICSID Case No. ARB(AF)/09/1 (2011-2012).
7. Counsel for Government of Bangladesh, Chevron Bangladesh Block Twelve, Ltd. and Chevron Bangladesh Blocks Thirteen and Fourteen, Ltd. v. People’s Republic of Bangladesh, ICSID Case No. ARB/06/10 (2008-10).
(iii) As Assistant to ICSID Tribunal Member:
8. Assistant to ICSID Tribunal Member, Standard Chartered Bank (Hong Kong) Limited v. United Republic of Tanzania, ICSID Case No. ARB/15/41(2016-2018).
9. Assistant to ICSID Tribunal, Teinver S.A., Transportes de Cercanías S.A. and Autobuses Urbanos del Sur S.A. v. Argentine Republic, ICSID Case No. ARB/09/1 (2014-2017).
10. Assistant to ICSID Tribunal, Caratube International Oil Company LLP v. The Republic of Kazakhstan, ICSID Case No. ARB/08/12 (2008-2010).
(B) International arbitration under United Nations Commission on International Trade Law (UNCITRAL) Rules supervised by the Permanent Court of Arbitration (PCA)
11. Counsel for the Gas Transmission Company Limited (“GTCL”) in arbitration between Metron-PEAL and GTCL (2022 to present).
(C) U.S. District Court for the Southern District of New York
12. Legal Counsel for the Bangladesh Telecommunications Regulatory Commission (BTRC) in Chowdhury v. Veon Ltd., et al., (Case No. 1:21-cv-3527) in the U.S. District Court for the Southern District of New York (2021 to present).
MEDIATION:
1. Appointed at sole mediator in dispute between Bangladesh Power Development Board (BPDB) and Summit Meghnaghat Power Limited (2022 to present).
UNDP CONSULTANCY:
1. National Consultant, Assessment of UNDP Support to Bangladesh Police, UNDP, Democratic Governance Cluster (2015).
2. National Consultant for the Political Economy Analysis for the Justice and Security Sector of Bangladesh, UNDP, Democratic Governance Cluster (2014).
MAJOR CASES AND TRANSACTIONS:
1. Legal Counsel to Bangladesh Telecommunications Regulatory Commission (BTRC) on general legal matters (2022 to present).
2. Legal Counsel for SHELTECH Limited on general legal issues (2022 to present).
3. Legal Counsel for Arla Foods Limited in proceedings before the Pure Food Court and for general legal and corporate issues (2021 to present).
4. Legal Counsel for Maddhapara Granite Mining Company Limited (MGMCL) in a number of transactions related to mining operations (2022 to present).
5. Legal Counsel for Shakti Foundation in a transaction with a mobile financial service provider (2022).
6. Legal Counsel for a voluntary social welfare agency which acts as a non-profit foundation that works to help people with mental disability, neurological disability, autism, and mental health issues (2021 to present).
7. Legal Counsel for a trust which acts as a not-for-profit policy research organization which aims to create a platform for public discussion on important matters of national policy in Bangladesh (2020 to present).
8. Legal Counsel for Meghna Petroleum Limited in transaction with international oil supplier (2022).
9. Legal Counsel for Eastern Refinery Limited and Bangladesh Petroleum Corporation for the set-up of a new refinery in Bangladesh (2021 to present).
10. Legal Counsel for Bangladesh Chemical industries Corporation (BCIC) in reviewing its existing contracts (2022 to present).
11. Legal Counsel for Petrobangla and RPGCL and assisting with drafting, negotiating, and executing Liquified Natural Gas (LNG) sale and purchase agreements with foreign state owned entities as well as private international parties (2021 to present).
12. Legal Counsel for Rupantarita Prakritik Gas Company Limited (RPGCL) on the Pyra FSRU Project and the Matarbari Land Based LNG Terminal Project (2022 to present).
13. Advising Government of Bangladesh in procurement of Covid-19 vaccines and vetting international contracts with Sinopharm and UNICEF (through Covax) (2021).
14. Legal Counsel for Pashchimanchal Gas Company Limited (PGCL) in a matter before the High Court Division of the Supreme Court of Bangladesh where PGCL successfully defended a writ petition filed against it (2021).
15. Advising Petrobangla for the negotiation and execution of Quite Enjoyment Agreements for the FSRU and Terminal for the Summit LNG Project - the Floating Storage and Regasification Unit at Maheshkhali Island, Bangladesh (2020-2022).
16. Advising Petrobangla on a dispute with Tullow Bangladesh Limited regarding imposition of taxes by the National Board of Revenue and the possibility of defending an ICSID arbitration claim (2020-2021).
17. Advising CHEC (China Harbour Engineering Company Ltd.) on the acquisition of new projects in Bangladesh (2020).
18. Advising a Spanish-Swedish consortium contractor in relation to a dispute with a Bangladeshi power producing company (2016-2018).
19. Advising owners of LNG Floating Storage Unit regarding service to an onshore regasification terminal at Kutubdia for the provision of natural gas based power in Bangladesh (2017).
20. Advising Malaysian conglomerate in connection with its proposed acquisition of a group of companies with assets including three power plants in Bangladesh with capacities of 450 MW, 360 MW, and 110 MW respectively (2015).
21. Assisting a Spanish company in the bidding process and submitting tenders for a 450 MW combined cycle power plants in Ashuganj Bangladesh (2013).
22. Counsel for QAPCO (Qatar Petrochemical Company) in relation to a business restructuring in Bangladesh (2014).
23. Counsel for UK-based energy company in setting up a Bangladeshi subsidiary company, and acquiring assets in Bangladesh including contracts, leases, machineries, and land property from another Bangladesh company through an asset purchase agreement (2013-2014).
24. Bangladesh counsel for IFC in relation to a 330-450 MW power plant project (2007-2008).
25. Counsel to a Chinese coal mining company advising on the terms and conditions of coal mining concessions contracts with the Government of Bangladesh (2006-2008).
26. Counsel and expert witness on Bangladesh citizenship laws for U.K. Government Treasury Solicitor’s Department (2014-2017).
27. Advising a Chinese conglomerate on the setting up of a garments industrial park in Bangladesh (2014-2016).
28. Advising IFC on the credit facility provided to Robi Axiata (2015).
29. Counsel for Alcatel-Lucent (2015-2016).
30. Counsel for Microsoft Corporation in relation to acquisition of Nokia Corporation (2014).
31. Counsel to Citibank N.A., the issue manager and lead underwriter for the Initial Public Offering (IPO) of a Norwegian-controlled mobile telephone company, Grameenphone Limited, which was then Bangladesh’s biggest IPO (2009-2011).
32. Bangladesh counsel for MetLife, Inc in respect of its acquisition of American Life Insurance Company (Alico) in Bangladesh (2009-10).
DIRECTORSHIP IN COMPANIES:
1. Director, Coal Power Generation Company Bangladesh Limited (CPGCBL) (2017 to present).
2. Director, Rupantarita Prakritik Gas Company Limited (RPGCL) (2019 to present).
NOTABLE PUBLICATIONS:
1. Bangladesh and 50 years of international law, White Board Policy Magazine, Centre for Research and Information (CRI) (2021).
2. Bangladesh chapter, Asia Arbitration Guide (5th Edition), Respondek & Fan Pte Ltd., Singapore (2017).
3. Bangladesh chapter, Business ethics and anti-corruption, Norton Rose Fulbright, September 2014 (2014).
4. Bangladesh chapter, Asia Arbitration Handbook, edited by Michael Moser and John Choong, Oxford University Press (2012).
5. “Court Assistance, Interim Measures, and Public Policy: India’s Perspective on International Commercial Arbitration” The Arbitration Brief 2, No.1: 16-29, American University Washington College of Law (2012).
6. A ‘great win’ for Bangladesh: Analysis of the Judgment dated 14/03/12 in ITLOS Case No. 16, the Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and Myanmar in the Bay of Bengal, The Daily Star 27/03/12 and bdnews24.com 8/4/12 (2012).
7. Right to Liberty, ASK Human Rights Report (2007).
CONTRIBUTIONS TO PROFESSIONAL GUIDES:
1. Bangladesh Chapter, The International Comparative Legal Guide to: Gas Regulation 2008 (London: Global Legal Group Ltd, 2008) pp. 43-47.
2. Contributor, Doing Business 2008-2012 (Washington, DC: The World Bank, 2008-2012).
SCHOLARSHIPS AND AWARDS:
Fulbright Fellowship / Hubert H. Humphrey Fellowship (for pursuing one year program of graduate studies and professional development in international arbitration at American University, Washington D.C. on a Fulbright exchange program funded by the U.S. Department of State and supervised by the Fulbright Scholarship Board).