BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
This standard is interpreted narrowly and is reserved for serious violations of fundamental legal principles. Consistent with the international orientation of the Arbitration Law, the public policy exception is applied restrictively and is not used as a means of reviewing the merits of the award. 13. Miscellaneous 13.1 Class Action or Group Arbitration Availability in Bahrain The Arbitration Law does not provide for class action or group arbitration, and there is no statutory frame - work in Bahrain establishing such procedures. Basis for Aggregation of Claims Because arbitration is fundamentally consent-based, any form of joinder or aggregation of claims would depend on the parties’ agreement or the application of institutional rules, rather than any statutory class mechanism. Practical Position In practice, class action or group arbitration is not a feature of the Bahraini arbitration landscape. 13.2 Ethical Codes Ethical Codes Counsel Standards Counsel practising in Bahrain are subject to the pro - fessional standards set out in the Legal Profession Law. These regulate professional conduct, ethics, and disciplinary obligations for licensed practitioners. Arbitrator Standards Arbitrators are governed primarily by the Arbitration Law, which imposes duties of independence, impar - tiality, and disclosure. The statutory liability regime provides that arbitrators are only liable in cases of bad faith or gross wrongdoing. Soft-Law and Institutional Standards The Arbitration Law does not establish a dedicated ethical code for international arbitration. In practice, parties and tribunals commonly rely on soft-law instru - ments such as the IBA Guidelines on Conflicts of Inter -
est in International Arbitration and the IBA Guidelines on Party Representation, as well as any applicable institutional rules and codes of conduct. Overall Framework Together, domestic legislation and widely accepted international soft-law instruments form the ethical framework governing counsel and arbitrators in Bah - rain-seated arbitration proceedings. 13.3 Third-Party Funding Regulatory Position There is currently no specific legislation in Bahrain regulating or restricting third-party funding of arbitra - tion, and the Arbitration Law is silent on the subject. Permissibility and Practical Approach Third-party funding is therefore not prohibited in Bahrain. However, funded parties should be mindful of potential disclosure expectations that may arise under applicable institutional rules or in connection with arbitrators’ duties of independence and conflict disclosure. Legal Framework In the absence of a dedicated regulatory regime, third- party funding arrangements are governed by general principles of Bahraini contract law. 13.4 Consolidation Legal Position The Arbitration Law, in line with the UNCITRAL Model Law, does not expressly confer a power on arbitral tribunals or courts in Bahrain to consolidate separate arbitral proceedings. Basis for Consolidation Consolidation is therefore only possible where the parties have agreed to it, including by adopting insti - tutional rules that permit consolidation in defined cir - cumstances (such as related parties or related con - tracts). Role of the Courts Bahraini courts do not have a statutory power to con - solidate arbitral proceedings on their own initiative.
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