BAHRAIN Trends and Developments Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
neutral, and parties may challenge appointments where there are justifiable doubts about a judge’s independence or impartiality. The President’s decision on such challenges is final. These safeguards align with international standards and reinforce the Court’s credibility. Procedural rules and case management The BICC’s Procedural Rules establish a comprehen- sive and sophisticated framework for the conduct of proceedings. The Rules balance procedural rigour with flexibility, ensuring disputes are resolved effi- ciently whilst preserving the parties’ freedom to make their own choices. A key feature of the Rules is their bilingual nature. Pro- ceedings may be conducted in either English or Ara- bic, as agreed by the parties. In the absence of such agreement, the language of the jurisdiction agreement determines the language of proceedings. If the juris- diction agreement is in a language other than English or Arabic, proceedings will be conducted in English. This is a critical feature for a court seeking to attract cross-border disputes, as it removes a major barrier to access for foreign parties and legal practitioners. The Court embraces modern practices through elec- tronic procedures. Filings, communications and hear- ings may all be conducted electronically, enhancing efficiency in cross-border cases. A central pillar of the BICC’s procedural framework is its proactive approach to case management. Fol- lowing the submission of the notice of claim and the respondent’s reply, a case manager is assigned to the matter. The case manager convenes prelimi- nary conferences, sets the procedural timetable, and determines methods of submission and service. This approach ensures disputes are organised early, reduc- ing delays and allowing tribunals to focus on the sub- stantive issues. The case manager also prepares a concise case sum- mary for the tribunal, enabling judges to engage with the dispute from a position of familiarity. This enhanc- es the efficiency and quality of hearings.
The Rules emphasise party choice. Parties may agree on the applicable law, rules of evidence and privilege, subject to public policy considerations. Where par- ties do not agree, the tribunal decides, ensuring both flexibility and certainty. This aligns with international best practices. The availability of interim and emergency relief is equally important. Deputed judges and tribunals may grant a wide range of measures, including injunctions and asset preservation orders. Such measures may be granted quickly and, where necessary, without notice to the other party. Emergency relief may be sought when filing the notice of claim, providing immediate protection of rights and assets. Relationship with the Bahrain Chamber for Dispute Resolution (BCDR) The establishment of the BICC adds a new dimen- sion to Bahrain’s dispute resolution landscape, which already includes the Bahrain Chamber for Dispute Resolution. Understanding the relationship between these two institutions is essential for parties consider- ing their options. The BCDR was established under Legislative Decree No 30 of 2009 and operates as both a court and an arbitration and mediation centre. It has automatic jurisdiction over certain disputes, including high-val- ue commercial matters involving licensed entities and cases with an international dimension. It also adminis- ters arbitration and mediation proceedings. By contrast, the BICC operates on a consent basis. Its jurisdiction is derived from agreements between parties, either through contractual clauses or post- dispute arrangements. This aligns the BICC with other international commercial courts and allows parties to choose the forum that best suits their needs. The distinction between the two institutions is both functional and conceptual. The BCDR combines judi- cial and arbitral functions within a statutory framework, while the BICC serves as a specialised, internationally oriented court focused on adjudication and judicial support. Together, they form a complementary system catering to a wide range of dispute resolution needs.
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