Bangladesh Accord Arbitrations

The Permanent Court of Arbitration (PCA) has been administering two arbitrations arising under the Accord on Fire and Building Safety in Bangladesh signed on 15 May 2013 (Accord). The Accord is an agreement between global brands and trade unions created in the aftermath of the Rana Plaza building collapse, to establish a fire and building safety programme for workers in the textile industry in Bangladesh. IndustriALL Global Union and UNI Global Union (Claimants) commenced arbitrations under the Accord and the UNCITRAL Rules of Arbitration 2010 against a global fashion brand (Respondent in PCA Case No. 2016-36) on 8 July 2016, and against another global fashion brand (Respondent in PCA Case No. 2016-37) on 11 October 2016.  On 17 July 2018, the Tribunal constituted in the two arbitrations issued termination orders following the settlement by the Parties of both sets of claims.


Case information

Name(s) of Claimant(s) IndustriALL Global Union (- Other -)
UNI Global Union (- Other -)
Name(s) of Respondent(s) Respondent in PCA Case No. 2016-36 (Private entity )
Names of Parties -
Case number 2016-36; 2016-37
Administering institution Permanent Court of Arbitration (PCA)
Case status Concluded
Type of case Contract-based arbitration
Subject matter or economic sector Manufacturing
Procedural rules UNCITRAL Arbitration Rules 2010
Treaty or contract under which proceedings were commenced

Contract

Language of Proceeding English
Seat of Arbitration (by Country) Netherlands
Arbitrator(s), Conciliator(s), Other Neutral(s)

Mr Donald Francis Donovan (Presiding Arbitrator)
Mr Graham Dunning QC
Professor Hans Petter Graver

Representatives of the Claimant(s)

Ms Marney L. Cheek
Ms Erin Thomas
Ms Clovis Trevino
COVINGTON & BURLING LLP

Mr Albert Marsman
DE BRAUW BLACKSTONE WESTBROEK N.V.

Representatives of the Respondent(s) -
Representatives of the Parties
Number of Arbitrators in case 3
Date of commencement of proceeding 2016
Date of issue of final award 17 July 2018
Length of Proceedings 1-2 years
Additional notes

Under the instructions of the Tribunal, the PCA has issued press releases from time to time containing information on the procedural steps taken by the Tribunal. The identity of the Respondents and their representatives will be kept confidential.  Following consultation with the Parties, the Tribunal issued Procedural Order No. 4 containing a protocol on confidentiality and transparency, which allows for publication of orders, decisions, and awards after redaction of certain confidential information.  The redacted termination orders are now available on the PCA websites.


Documents

Procedural Documents
2016-36 Terms of Appointment (Redacted)
2016-37 Terms of Appointment (Redacted)
Procedural Order No. 1 (Redacted)
Procedural Order No. 2 (on Admissibility and Confidentiality/Transparency) (Redacted)
Procedural Order No. 3 (Scope of the 'Liability-Plus Phase') (Redacted)
Procedural Order No. 4 (Protocol on Confidentiality and Transparency) (Redacted)
Procedural Order No. 5 (Document Production) (Redacted)
Procedural Order No. 6 (Further Issues Concerning Document Production) (Redacted)
Procedural Order No. 7 (Adjustments to the Procedural Schedule) (Redacted)
Procedural Order No. 8 (Further Issues Concerning Document Production) (Redacted)
Award or other decision
2016-36 Termination Order (Redacted)
2016-37 Termination Order (Redacted)
Press Release
Press Release No. 1 (EN)
Press Release No. 2 (EN)
Press Release No. 1 (FR)
Press Release No. 2 (FR)