BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
13.5 Binding of Third Parties General Rule
Role of the Courts Bahraini courts do not have a free-standing power to bind foreign third parties to an arbitration agreement or award in the absence of a recognised legal basis. Any binding effect on a non-signatory depends on specific factual circumstances establishing consent or legal succession.
As a general principle, only the parties to the arbitra - tion agreement are bound by it and by any resulting arbitral award. This reflects the consensual nature of arbitration and the principle that arbitral jurisdiction is
founded upon party agreement. Exceptions for Non-Signatories
A third party – whether domestic or foreign – may be bound only in limited circumstances under general principles of law, including assignment, succession and agency, or where the third party has otherwise consented to or assumed the arbitration agreement.
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