BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
on the applicable enforcement mechanism under those rules and any subsequent court assistance. Court Intervention After Emergency Appointment Once an emergency arbitrator or arbitral tribunal is constituted, court intervention remains limited to the supportive powers expressly permitted under the Arbitration Law. Courts do not typically interfere with the emergency arbitrator’s role, but they may still grant ancillary interim measures where appropriate. 6.3 Security for Costs Position Under National Law The Arbitration Law does not contain a specific provi - sion expressly addressing security for costs. There is no standalone statutory regime for security for costs in arbitration, and the question is therefore left to the procedural discretion of the tribunal and any applica - ble institutional rules. Arbitral Tribunal’s Powers The arbitral tribunal has broad powers in relation to interim measures. It may require a party requesting an interim measure to provide appropriate security in connection with that measure, and must require secu - rity in respect of a preliminary order unless it considers this inappropriate or unnecessary. While there is no standalone statutory regime for security for costs, these interim-measure powers may, in appropriate circumstances, be used in a manner that effectively requires security where necessary to preserve the integrity of the arbitral process. Role of the Courts The courts may also grant supportive interim relief in aid of arbitration under their general powers in the Arbitration Law, although there is no express, sepa - rate statutory framework for court-ordered security for costs.
Model Law. This framework is supplemented by any procedural rules agreed by the parties, including any applicable institutional rules. Party Autonomy and Tribunal Powers The parties are free to agree on the procedure to be followed in the arbitration. Failing such agreement, the arbitral tribunal may conduct the proceedings in the manner it considers appropriate, including determin - ing the admissibility, relevance, materiality and weight of evidence. Institutional Rules Where the parties select institutional rules – such as those of the BCDR, ICC or LCIA – those rules apply alongside the mandatory provisions of the Arbitration Law. 7.2 Procedural Steps General Procedural Framework The Arbitration Law establishes a flexible procedural framework rather than rigid mandatory steps, subject to the fundamental requirements of equal treatment of the parties and the right to present one’s case. This approach is consistent with the UNCITRAL Model Law and affords parties and tribunals substantial latitude in structuring proceedings. Commencement and Written Submissions Unless otherwise agreed, proceedings commence on the date the respondent receives the request to refer the dispute to arbitration. The claimant then submits a statement of claim and the respondent a statement of defence within the time limits agreed by the parties or determined by the tribunal. Hearings and Evidence The tribunal has discretion to decide whether to hold oral hearings or proceed on a documents-only basis. However, it must hold hearings at an appropriate stage if requested by a party, unless the parties have agreed otherwise. All submissions and evidence must be communicated to the other party. Language of the Proceedings The parties are free to agree on the language of the arbitration. Failing agreement, the arbitral tribunal determines the language of the proceedings.
7. Procedure 7.1 Governing Rules Applicable Legal Framework
The procedure of arbitration in Bahrain is governed by the Arbitration Law and the annexed UNCITRAL
93 CHAMBERS.COM
Powered by FlippingBook