BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Use of Information in Other Proceedings Because there is no overarching statutory confiden - tiality obligation, the use of information from arbitral proceedings in subsequent proceedings is not auto - matically restricted. Parties that wish to ensure confi - dentiality, including limitations on subsequent disclo - sure or use, should expressly provide for this in their arbitration agreement or adopt institutional rules that contain confidentiality provisions. In practice, this is commonly done by incorporating rules of major inter - national arbitral institutions, which typically include confidentiality frameworks. An arbitral award must be made in writing and signed by the arbitrator or arbitrators. In a tribunal composed of more than one arbitrator, the signatures of a major - ity are sufficient, provided that the reason for any omit - ted signature is stated. The award must state the reasons upon which it is based, unless the parties have agreed otherwise or it is an award on agreed terms. It must also indicate the date of the award and the place of arbitration, which is deemed to be the place where the award was made. Time Limits for Delivery The Arbitration Law does not prescribe a fixed statu - tory time limit for the delivery of an arbitral award. The timeframe is therefore governed by the parties’ agreement or by any applicable institutional rules. This approach preserves flexibility for parties and tribunals to manage the proceedings according to the complex - ity and requirements of the dispute. 10. The Award 10.1 Legal Requirements Form and Content Requirements However, the Arbitration Law does provide specific time limits for post-award processes, including cor - rection, interpretation, and the issuance of additional awards under Article 33. 10.2 Types of Remedies General Position The Arbitration Law does not prescribe a closed list of permissible remedies. The arbitral tribunal determines
the dispute in accordance with the rules of law chosen by the parties and the terms of the contract, taking into account applicable trade usages. This flexible framework allows tribunals to award remedies appro - priate to the circumstances of the case. Tribunals may therefore award remedies available under the applicable substantive law, including dam - ages, specific performance, declaratory relief and interest. Limits on Remedies The principal limitation is public policy. Any remedy that is contrary to the public policy of Bahrain may not be enforced and may expose the award to annulment or refusal of recognition and enforcement. In practice, this may limit the availability or enforce - ability of certain remedies, such as purely punitive damages. 10.3 Recovering Interest and Legal Costs Interest and Legal Costs The Arbitration Law does not contain detailed pro - visions governing interest or the allocation of costs, leaving these matters to the substantive law applica - ble to the dispute and any institutional or procedural rules agreed by the parties. Entitlement to interest is therefore determined by the applicable substantive law governing the dispute. Arbitral tribunals generally have discretion in relation to the allocation of arbitration and legal costs. General Approach to Costs Allocation In practice, tribunals sitting in Bahrain frequently adopt a “costs follow the event” approach, allocating costs by reference to the parties’ relative success in the pro - ceedings. This approach is consistent with prevailing international arbitration practice and provides parties with a measure of predictability in cost allocation. However, tribunals retain broad discretion and may depart from this approach, including by ordering cost sharing or adjusting cost allocation based on the par - ties’ conduct and the circumstances of the case.
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