Bangladesh’s telecom regulator, the Bangladesh Telecommunication Regulatory Commission (BTRC), is seeking legal guidance on proposals from Grameenphone and Robi Axiata to resolve a long-running dispute over audit claims totaling Tk 13,447 crore through arbitration or mediation.
The dispute originates from a 2019 audit in which the BTRC alleged unpaid spectrum fees, revenue sharing and taxes covering earlier operational periods. Both operators have contested the claims, leading to prolonged legal proceedings that remain unresolved nearly six years later. Grameenphone faces the larger claim, while Robi disputes a smaller but significant amount.
Both companies have proposed alternative dispute resolution mechanisms, arguing that arbitration or mediation could offer faster and more technically informed outcomes compared to lengthy court proceedings. However, legal opinions obtained by the regulator indicate significant challenges, including the absence of a binding arbitration agreement and questions over whether statutory dues under telecom law can legally be settled outside the courts.
Legal advisers noted that such disputes may fall under public law, making them non-arbitrable and potentially vulnerable to legal challenges if resolved through arbitration. As a result, continuing the civil court process remains the most legally secure option, although the BTRC has not yet made a final decision and is seeking further advice.
The prolonged dispute has raised concerns within the industry over regulatory uncertainty and investor confidence, with operators warning that unresolved financial claims could continue to impact investment decisions and sector stability if not addressed in a timely manner.
