BAHRAIN Trends and Developments Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Arbitration oversight : a distinctive feature A key feature of the BICC is its role in supporting and supervising arbitrations seated in Bahrain. Acting under Bahrain’s Arbitration Law (Law No 9 of 2015), which incorporates the 1985 UNCITRAL Model Law, the Court performs a range of arbitration-related judi- cial functions. These include appointing arbitrators where parties cannot agree, resolving challenges to arbitrators, issuing interim measures, determining jurisdiction, taking evidence, and recognising, enforcing, or setting aside arbitral awards. The BICC’s ability to recognise awards regardless of where they were made, subject only to limited grounds for refusal, further enhances its utility as a supervisory court. This role invites comparison with the Hong Kong International Arbitration Centre (HKIAC). The HKIAC is widely recognised for its administration of arbitrations, including providing support for ad hoc arbitrations seated in Hong Kong. It offers administrative support such as appointing authorities, procedural oversight and logistical assistance. The BICC, however, occupies a different position within the arbitration system. It does not administer arbitrations; rather, it provides the judicial supervision that ensures their legal effectiveness. Whilst institu- tions like the HKIAC facilitate arbitration proceedings, the BICC underpins them by exercising the court func- tions necessary to support and enforce arbitral out- comes. This distinction has practical importance. By offering a specialist, English-language court to perform these supervisory functions, the BICC enhances Bahrain’s attractiveness as a seat of arbitration. Parties can rely on a modern, internationally aligned judicial frame- work. Comparison with other international commercial courts The BICC enters a competitive global landscape of international commercial courts, including the Singa- pore International Commercial Court, the Dubai Inter- national Financial Centre (DIFC) Courts and the Abu Dhabi Global Market (ADGM) Courts. These institu-
tions address growing demand for specialised forums capable of resolving complex cross-border disputes in a neutral and efficient manner. Whilst the BICC shares many features with these courts (such as English-language proceedings, flex- ible procedures and openness to foreign lawyers), it also has distinguishing elements. Most notably, its appeals link with the SICC represents a unique form of judicial co-operation not replicated elsewhere. This may be a decisive factor for parties seeking the high- est standards of judicial review. Furthermore, the BICC’s integration within Bahrain’s broader legal framework, rather than a financial free zone, differentiates it from courts such as the DIFC and ADGM Courts. This may offer advantages in enforcement and coherence with domestic legal sys- tems. Why parties may choose the BICC The BICC presents a compelling forum for interna- tional dispute resolution. Its combination of judicial independence, procedural flexibility and international integration ensures disputes are resolved efficiently and in line with global best practices. The Court’s bilingual capability and openness to for- eign legal practitioners further enhance its acces- sibility, whilst its arbitration support function makes it attractive for parties engaged in or contemplating arbitration in Bahrain. Moreover, Bahrain’s status as a signatory to the New York Convention ensures that arbitral awards recognised or enforced by the BICC carry significant international weight. These factors position the BICC as a credible option for parties seeking a reliable forum for resolving inter- national commercial disputes. Bringing a claim before the BICC Bringing a claim before the BICC is straightforward. Proceedings begin by submitting a notice of claim, which must include details of the parties, the jurisdic- tional basis, a summary of the facts and relief sought, supporting documents, and the prescribed fees.
55 CHAMBERS.COM
Powered by FlippingBook