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Sunday, April 10, 2011

[ALOCHONA] Re: One Tawfique Newaz and our national interest

It is Tawfique Nawaz who is helping to ensure that the Government and AL continue their policy of assasinating the character of Dr Yunus. He has access to power and exercises that power accordingly.

--- In alochona@yahoogroups.com, Isha Khan <bdmailer@...> wrote:
>
> *One Tawfique Newaz and our national interest*
>
> Posted by Rumi
>
> 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
> <http://www.thedailystar.net/newDesign/news-details.php?nid=139124>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
> <http://www.thedailystar.net/newDesign/news-details.php?nid=173837>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. <http://www.thedailystar.net/newDesign/news-details.php?nid=173837>
> 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<http://www.thedailystar.net/newDesign/news-details.php?nid=71089>
> 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.]
> http://rumiahmed.wordpress.com/2011/04/06/one-tawfique-newaz-and-our-national-interest/
>


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