BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
including foreign tribunals, subject to limited grounds for refusal. Bahraini courts generally take a pro-arbitration stance. 3.9 Court Intervention Bahraini courts may intervene in arbitration in specific circumstances: • to determine the validity of a contested arbitration agreement; • to appoint arbitrators if the agreed mechanism fails; • to address procedural issues such as arbitrator challenges or jurisdictional disputes; • to grant interim relief before or during proceedings; and • to set aside or refuse enforcement of awards on limited grounds, including lack of valid agreement, procedural irregularity, party incapacity or breach of public policy. Intervention is limited to ensuring adherence to legal standards and protecting parties’ rights. Courts respect arbitral autonomy and avoid interfering with decisions on the merits. 3.10 Relief Arbitral tribunals may award: • monetary compensation for losses suffered; • injunctions or specific performance, where legally permissible; and/or • declaratory relief confirming the parties’ rights and obligations. Restrictions Tribunals must remain within the scope of the arbitra- tion agreement and cannot award unauthorised relief. Relief cannot breach Bahraini law or public policy; non-compliant awards may be refused enforcement. Interim Relief Tribunals may grant interim relief under the Arbitration Law and institutional rules such as the BCDR Arbitra- tion Rules 2022, including measures to maintain or restore the status quo, prevent imminent harm and preserve assets or evidence. Emergency arbitrator
relief is available under BCDR Rules before tribunal constitution. Tribunals cannot compel third-party compliance; urgent enforcement may require court assistance.
4. Other ADR Methods 4.1 ADR Procedures Mediation
The main formal ADR procedure, apart from arbitra- tion, is mediation, governed by the Mediation Law (Legislative Decree No 22 of 2019). Mediation applies to all disputes of a civil and commercial nature. Par- ties who refer disputes to mediation may appoint their own mediator or apply for appointment of a certified mediator registered with the Ministry of Justice. Mediation is voluntary; a neutral third party assists parties in reaching a mutually acceptable resolution without imposing a binding decision. Enforcement of settlements Mediation settlement agreements are enforceable under the Mediation Law. However, the court, should a case be referred for enforcement, will not review the contents of the settlement. Rather, the court reviews only the form of the settlement to ensure formalities have been met and that the settlement does not vio - late public order. Institutional mediation The BCDR administers mediation under its 2019 Mediation Rules, offering efficient and cost-effective services for domestic, regional and international dis- putes. Conciliation Under Legislative Decree No 26 of 1986, conciliation is available for personal status cases before the Sharia courts. Unlike mediation, conciliation is mandatory in these cases and conducted by court-appointed con- ciliators. ADR is increasingly popular in Bahrain’s commercial sector, offering faster resolution, greater control over
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