In 2003-04, when Petrobangla faced an arbitration case against Petroleum giant Cairns in the International Centre for Settlement of Investment Disputes (ICSID), the lawyers who were selected to represent Bangladesh and PetroBangla had no experience in international commercial arbitration. The second Khaleda Zia government made that selection based on the lawyers pro-BNP lebel. The result was expected, PetroBangla lost the winnable case and Bangladesh lost a substantial amount of money. The defeat was attributed to poor legal representation and lack of understanding between Petrobangla and its lawyers.
However, in early 90s Bangladesh government and petrobangla won an international arbitration against Canadian petroleum giant Scimitar. The lawyer representing Bangladesh Government was Dr Kamal Hossain and Associates.
So, when Bangladesh was again forced to go to the International Centre for Settlement of Investment Disputes (ICSID) in March, 2006 for another dispute involving Chevron, Dr Kamal Hossain Associates were called back in to represent Bangladesh and PetroBangla. The hearing took place between 2007-2009. Although similar case against Cairns went against Bangladesh in 2004, this time the international arbitration court turned down US oil giant Chevron’s claim of around $240 million from Petrobangla. Dr Hossain’s able representation did not only save Bangladesh $240 million dollars of back pay, it also ensured $320 million more savings over the next 20 years contract period.
Based on the above experience, when Bangladeh was forced to go to ICSID to press it’s claims from another petroleum giant Niko, it was expected that Dr Kamal Hossain Associates would be representing Bangladesh. Especially when the stakes were very high, to be precise, Tk 7.64 billion. However, to the surprise of many, Newspaper reported that Advocate Tawfiq Newaz and his junior associates were given the job.
Who is this Advocate Tawfiq Newaz?
Mr Tawfiq Newaz was presented this way in Dipu Moni.com website. Married to Bangladesh Foreign Minister Mrs Dipu Moni, Advocate Tawfiq Newaz “is one of two Oxbridge educated Senior Advocates of the Bangladesh Supreme Court, Head of an internationally reputed law firm and a parampara (generational) exponent of at least a 2000 year old Indian Classical Musical form, namely Alaap, on the Grande Flute.”
However random query made by this blogger to members of Bar in Bangladesh gave a whole different picture.
Based on the perception around Bangladesh Supreme Court premises, it is important Advocate Tawfique Newaz and those hiring him clarify several questions including,
1. What is bar exam status of Advocate Tawfique Newaz.
2. What is is reputation and perceived capability that will qualify him for Niko and other international arbitration over Dr Kamal Hossain.
3. What is his experience in related litigation cases?
4. Why Mr. Newaz is representing Bangladesh Government in every single high profile case bangladesh Government need legal representation?
In present day Bangladesh when inefficiency, dishonesty, personal loyalty-connection trump over quality, efficiency, honesty — Advocate Tawfique Newaz definitely would be The chosen lawyer by government of Bangladesh. Over the last couple of years Advocate Tawfique Newaz has been selected to represent Bangladesh Government in all possible need of legal representation. The following is a preliminary list
1. Government’s chosen lawyer to represent Bangladesh in Niko arbitration case.
2. Government’s lawyer to represent Bangladesh Bank against Dr Muhammad Yunus.
3. Governments lawyer in Bangabandhu murder trial.
4. Government lawyer panel member in 5th amendment case and upcoming 5th amendment review cases.
5. Member of The 7-member expert committee formed to review the ordinances, promulgated by the military-backed caretaker government
6. And most ominously it is being heard that Advocate Tawfique Newaz is being selected to represent Bangladesh in the arbitration court setup to resolve the differences with India over our maritime boundary.
The appointments of Tawfique Newaz raises some serious questions,
1. Is Bangladesh being represented by the most capable/ experienced lawyer when exceedingly important matters of national interest like our energy future ( maritime boundary) are at stake?
2. In commissioning legal firms in high-profile and high value ( both monetary and non monetary) cases, why can’t we have the minimal transparency? On what rationale and basis, Advocate Tawfique Newaz is getting all the government contracts.
3. How a foreign minister can commission her husband for such financially lucrative legal assignments? What is our conflict of interest policy?
I will finish this piece with a very passionate email pertaining to this matter, I recently received from a wel-informed friend,
Tawfik Newaz, the foreign minister’s husband, a failure of a lawyer, has been hired to rep BD in the niko arbitration case and either has/or is about to be (reports differ) hired to rep BD in the maritime boundary delimitation case. this strikes me as a huge conflict of interest … the possible repercussions are dire. these are not commissions to be handed out like candy, they need to be handled by competent parties and Tawfique Newaz does not have the experience for them at all (unarguable fact) nor is he legally skilful enough to do so (opinion, but one that is pretty much unanimous). Of course, the fee are monstrous. kamal hossain, by contrast, …recently won a $238 million settlement and is internationally recognized as one of the top commercial arbitration/oil and gas/law of the sea experts in the world. Patronage is one thing. But when it is the honor and responsibility of representing the GoB on matters of utmost gravity and importance, there is no room for this kind of fooling around.
[ Disclaimer: This post is not intended to slander or defame any anybody. All the information presented are checked and double checked from informed sources. If any information is wrong or unfounded, the corrections will be published and the blog will remove the unfounded remarks.]
April 21, 2011 at 4:55 pm
Awami League regime is systematically isolating Bangladesh from important trading, defense and strategic partners.
1) First with middle east – while Bangladesh manpower export went to next to nothing, Nepal and other south Asian countries filled Bangladesh vacuum.
2) Then relation with US, largest export destination for Bangladesh, has been damaged.
3) Now both China and Japan is annoyed by Awami League regime subservient policy on India.
These deliberate move by Awami League regime may look isolated incidents but this isolationist move will surely hurt Bangladesh standing (among other things) over our maritime boundary dispute with India. Not to mention trade and other strategic relation.
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Dhaka annoys Beijing, Tokyo
Shahidul Islam Chowdhury
Bangladesh’s position on making new permanent members of the UN Security Council has clearly annoyed China and Japan, diplomatic sources said.
They said, Bangladesh permanent representative AK Abdul Momen to the UN conveyed to his Indian counterpart in New York last week, without the knowledge of the foreign ministry, to ‘co-sponsor’ an Indian proposal for an immediate expansion of the UN Security Council.
Diplomatic sources in New York and Beijing said it had clearly annoyed China.
Chinese officials conveyed their annoyance at a meeting with Bangladesh ambassador in Beijing Munshi Faiz Ahmad on Thursday.
China also asked its embassy in Dhaka to convey its feelings to the highest authorities in Bangladesh.
Asked for his comments, Momen told New Age over phone Thursday evening that he had conveyed to India, ‘We have no objection in principle to their proposal.’
India mooted a two-point proposal seeking immediate reform to the UN system and expansion of the Security Council.
The foreign ministry in complete darkness about the position taken by Momen asked him to inform it about the whole thing, said officials.
Officials said that they were taken by complete surprise after they came to know about it from the diplomats of other countries.
Four contenders, Japan, Germany, India and Brazil have been campaigning to secure permanent seats in the UN Security Council.
Bangladesh and most of the developing countries have a principled stand for the reform of the UN and expansion of the Security Council.
Bangladesh lent its support to Japan’s candidature for permanent membership of the UNSC during the visit of prime minister Khaleda Zia to Tokyo in July, 2005.
In January 2010, prime minister Sheikh Hasina during her visit to New Delhi lent support to India seeking membership of the Security Council.
Japan expressed its reservation on a number of occasions about Bangladesh’s shifting position on the question.
Generally, Bangladesh moves carefully on the issue of balancing between China and India, said a diplomat.
But off the cuff and hurried remarks on these issues are likely to make it tricky for Bangladesh at negotiations with China, Japan and India on bilateral and multilateral issues, the official said.
China, France, Russia, the UK and the US, the five permanent members of the Security Council, are divided on the issues of UN reforms and expansion of the Security Council.
http://newagebd.com/newspaper1/frontpage/16237.html
September 5, 2011 at 2:16 am
[…] threat to sovereignty from transit’ is the sheer nepotism involved in cases like that Mr Tawfiq Nawaz. And sadly the problem is by no means limited to this […]