BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Requirements for Relief To obtain interim relief, the requesting party must gen - erally show: • That harm not adequately reparable by damages is likely to occur • That such harm outweighs the harm to the other party • A reasonable likelihood of success on the merits Binding Effect and Enforcement Interim measures issued by the tribunal are binding on the parties. Under Article 17H of the Arbitration Law, they are also enforceable upon application to the competent court, regardless of the country in which they were issued. 6.2 Role of Courts Court-Ordered Interim Relief in Arbitration The courts in Bahrain play a supportive role in rela - tion to interim relief in arbitral proceedings. It is not incompatible with an arbitration agreement for a party to seek interim measures from the courts before or during arbitration. Under Article 17J of the Arbitration Law, Bahraini courts have the power to grant interim measures in aid of arbitration regardless of whether the seat of arbitration is in Bahrain. This means courts may grant relief in support of foreign-seated arbitrations, thereby enhancing Bahrain’s role as a supportive forum for international arbitral proceedings. Such relief may include measures to preserve assets, maintain the status quo, or prevent actions that could frustrate the arbitral process. Emergency Arbitrators The Arbitration Law does not specifically regulate emergency arbitrators. However, emergency arbitra - tor procedures may be available where the parties have adopted institutional rules that provide for such a mechanism. Relief granted by an emergency arbitrator is generally binding on the parties within the framework of those institutional rules, although its effectiveness depends
ued, and an arbitral tribunal may proceed to render an award even where related court proceedings are pending.
5.6 Jurisdiction Over Third Parties General Rule (Consent-Based Arbitration)
Arbitration in Bahrain is fundamentally based on con - sent. The Arbitration Law does not provide an express mechanism for extending arbitral jurisdiction to per - sons or entities that are not parties to the arbitration agreement or signatories to the underlying contract. This reflects the principle of privity that underpins con - sensual dispute resolution. Extension to Non-Signatories Non-signatories may only be bound in limited circum - stances recognised under general principles of Bah - raini contract law. These include situations such as agency, assignment, succession, or incorporation by reference. Where such principles establish a sufficient legal nexus or deemed consent, a non-signatory may, in principle, be bound by an arbitration agreement. Scope of Application These principles may apply to both domestic and for - eign third parties. However, the threshold for extend - ing jurisdiction remains high and is assessed on a strict case-by-case basis.
6. Preliminary and Interim Relief 6.1 Types of Relief Power to Grant Interim Measures
Unless the parties agree otherwise, an arbitral tribunal in Bahrain may grant interim measures upon a party’s request, in line with Article 17 of the Arbitration Law. Such measures may include orders to: • Maintain or restore the status quo • Prevent actions likely to cause harm or prejudice to the arbitral process • Preserve assets for satisfaction of a future award • Preserve relevant evidence
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