BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Timing of Jurisdictional Objections A jurisdictional objection must be raised no later than the submission of the statement of defence. 5.2 Circumstances for Court Intervention Circumstances for Court Intervention Court involvement in questions of jurisdiction is delib - erately limited under the Arbitration Law. Where an arbitral tribunal rules as a preliminary matter that it has jurisdiction, any party may, within 30 days of receiving notice of that ruling, request the High Civil Court to decide the issue. The court’s decision is final and not subject to appeal, and the arbitral proceedings may continue while the request is pending. Where jurisdiction is joined to the merits, the issue may instead be raised later during setting-aside pro - ceedings under Article 34 or at the enforcement stage under Article 36. Judicial Approach to Intervention Bahraini courts generally adopt a supportive and non-interventionist approach to arbitration, interven - ing only within the limited circumstances expressly provided by law. Review of Negative Jurisdictional Rulings The framework does not provide for court review of a tribunal’s negative jurisdictional ruling (ie, where the tribunal finds that it lacks jurisdiction), as court review under Article 16 (3) is triggered only where the tribunal affirms jurisdiction. 5.3 Timing of Challenge Before the Tribunal A jurisdictional objection must first be raised before the arbitral tribunal no later than the submission of the statement of defence, in accordance with Article 16 of the Arbitration Law. After a Preliminary Jurisdictional Ruling If the tribunal rules on jurisdiction as a preliminary question and affirms its jurisdiction, a party may, with - in 30 days of receiving notice of that ruling, request the High Civil Court to decide the issue.
After the Final Award If the tribunal addresses jurisdiction only in its final award on the merits, the issue may be raised only after the award is issued, either through setting-aside proceedings under Article 34 or at the enforcement stage under Article 36. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility Standard of Review On questions of jurisdiction, Bahraini courts apply an independent standard of review rather than a defer - ential one. Under Article 16 (3) of the Arbitration Law, the High Civil Court, when seised of a challenge to a preliminary ruling on jurisdiction, makes its own deter - mination of the issue, effectively applying a de novo standard of review. Distinction From Merits Review This is distinct from the court’s approach to the merits of an arbitral award. In that context, the court does not reassess factual or legal findings and is limited to the narrow statutory grounds for setting aside or refusing enforcement under Articles 34 and 36 of the Arbitration Law. 5.5 Breach of Arbitration Agreement Court Approach to Breach Where a party commences court proceedings in breach of an arbitration agreement, Bahraini courts will, upon request by the other party made no later than its first statement on the substance of the dis - pute, refer the parties to arbitration in accordance with Article 8 of the Arbitration Law. This applies unless the arbitration agreement is found to be null and void, inoperative, or incapable of being performed. Judicial Attitude Bahraini courts generally adopt a pro-arbitration approach and are willing to uphold valid arbitration agreements by declining jurisdiction in favour of arbi - tration where appropriate. Effect of Parallel Proceedings The existence of parallel court proceedings does not prevent arbitration from being commenced or contin -
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