BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
3.5 Arbitral Institutions Bahrain Chamber for Dispute Resolution
3.7 Regulation of Arbitration The Arbitration Law
The BCDR is the principal arbitration institution, han- dling both domestic and international cases in com- mercial, construction, banking and financial disputes. For disputes exceeding BHD500,000, the BCDR has mandatory jurisdiction. The BCDR Arbitration Rules 2022 include provisions for emergency arbitrator relief, multi-party arbitration, joinder and consolidation. Article 21-bis requires dis- closure of third-party funding arrangements. The BCDR also administers mediation under its 2019 Mediation Rules, offering efficient and cost-effective services for domestic, regional, and international dis- putes. Gulf Cooperation Council Commercial Arbitration Centre (GCCAC) The GCCAC is a regional institution under the GCC, managing commercial disputes involving parties from GCC member states (Bahrain, Kuwait, Oman, Qatar, Bahrain is frequently chosen as the seat for arbitra- tions administered by institutions such as the Interna- tional Chamber of Commerce (ICC), London Court of International Arbitration (LCIA) and Singapore Interna- tional Arbitration Centre (SIAC), particularly for cross- border and regional disputes. New state-of-the-art arbitration facilities based on the SIAC model are under development. 3.6 Length of Proceedings Saudi Arabia and the UAE). International Institutions The duration of arbitral proceedings varies based on case complexity, number of parties, extent of docu- ment production and the chosen institution. Simple disputes may be resolved within six to nine months. Complex multi-party cases may take 18 months or longer. Factors influencing timeline include arbitrator availability, procedural rules, and whether preliminary issues or interim measures are contested.
Arbitration is primarily governed by the Arbitration Law (Law No 9 of 2015), which adopted the UNCI- TRAL Model Law as amended in 2006. Key features include: • a comprehensive framework for domestic and international arbitration; • adoption of Article 7 of the UNCITRAL Model Law for the definition and form of arbitration agree- ments; • provision that non-Bahraini lawyers may represent parties in international commercial arbitration; and • grounds for setting aside or refusing enforcement of awards consistent with the UNCITRAL Model Law. New York Convention Bahrain is a signatory to the New York Convention, which facilitates enforcement of foreign arbitral awards in Bahrain and Bahraini awards abroad. Awards are generally enforced without specific interrogation, but courts may refuse enforcement where the award con- tradicts public policy, is contrary to good morals, was obtained despite procedural irregularities, or where there was no binding arbitration agreement. 3.8 Court Powers Bahraini courts have various powers to support arbi- tration: • enforcing arbitration agreements – courts refer par- ties to arbitration where a valid agreement exists and decline jurisdiction; • appointing arbitrators – courts can appoint arbitra- tors if parties cannot agree or the agreed mecha- nism fails; • granting interim relief – courts can issue interim measures, including asset freezing orders, evi- dence preservation and travel bans, whether the arbitration is seated in Bahrain or abroad; • enforcing awards – courts enforce domestic awards and, under the New York Convention, for- eign awards; and • recognising interim measures – courts recognise and enforce interim measures from tribunals,
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