BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
7.3 Powers and Duties of Arbitrators Fundamental Duties
nised law or Sharia-and-law degree, good character and the absence of specified criminal, disciplinary or incompatibility issues, and successful completion of the admission examination. Article 24 also permits a non-Bahraini lawyer to be licensed by ministerial deci - sion for one or more specific cases before designated specialised circuits, but only jointly with a Bahraini lawyer admitted before the Court of Cassation and Constitutional Court and not in criminal, administra - tive, Sharia, personal status, rental or labour cases. Scope of Application This liberal approach applies specifically to interna - tional arbitration and reflects the principle of party autonomy in representation. Notably, the Arbitration Law expressly provides that non-Bahraini lawyers may represent parties in international commercial arbitra - tion in Bahrain, affording international entities freedom of choice in the appointment of legal representation. While domestic court practice imposes stricter quali - fication requirements – including a requirement that a licensed Bahraini lawyer represent parties before Bahraini courts – these restrictions do not extend to arbitral proceedings. Practical considerations may arise, however, where court assistance is required in support of arbitration (for example, interim measures or enforcement pro - ceedings). 8. Evidence 8.1 Collection and Submission of Evidence General Approach There is no automatic, litigation-style discovery pro - cess in arbitration in Bahrain, unlike the position in common-law court proceedings. The collection and submission of evidence is primarily governed by party agreement and the discretion of the arbitral tribunal, which has broad power to determine the admissibil - ity, relevance, materiality and weight of evidence. The principle of disclosure that applies in common-law jurisdictions does not apply: the court – or in arbi - tration, the tribunal – will not accept non-specific requests for discovery of documents or information.
Arbitrators are required to treat the parties with equal - ity and ensure that each party is given a full opportu - nity to present its case. They also have a continuing duty to disclose any circumstances that may give rise to justifiable doubts as to their impartiality or inde - pendence. Procedural Powers Arbitrators have broad procedural discretion, includ - ing the power to: • Determine the admissibility, relevance, materiality and weight of evidence • Appoint experts • Determine the place and language of the proceed - ings where the parties do not agree • Apply the rules of law chosen by the parties to the An arbitrator appointed under the Arbitration Law is generally not liable for acts or omissions carried out in the course of their duties unless such conduct amounts to bad faith or gross wrongdoing. However, liability may arise in cases of resignation without jus - tifiable cause or at an inopportune time. 7.4 Legal Representatives Requirements for Counsel in Arbitration Representation in international arbitration proceed - ings seated in Bahrain is liberalised. The Arbitration Law permits parties in international commercial arbi - tration to be represented by counsel of their choice, including lawyers who are not admitted in Bahrain. Accordingly, foreign-qualified counsel may appear in international arbitration proceedings seated in Bah - rain without being required to hold domestic Bahraini legal qualifications. This contrasts with court litigation, which remains subject to the requirements of the Legal Profession Law promulgated by Legislative Decree No. 24 of 2026 (“Legal Profession Law”). By way of example, Articles 5 and 8 restrict the practice of legal advocacy to lawyers registered under the Law and set out the ordinary registration requirements, includ - ing Bahraini nationality, full legal capacity, a recog - substance of the dispute Liability and Protection
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