BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
11. Review of an Award 11.1 Grounds for Appeal Availability of Appeal
Scope and Exceptions The limitation applies strictly to state court interven - tion. However, the law does not restrict contractual procedural variations within the arbitration itself: • No expansion of court review : Parties cannot cre - ate new legal or factual grounds for a court to over - turn an award. • No exclusion of judicial oversight : Agreements to completely waive the right to apply for a setting aside under Article 34 are invalid. • Permissible internal appeals : Parties may validly agree to an internal arbitral appeal mechanism, such as a second-instance arbitral tribunal, as this relates to arbitral procedure rather than court supervision. 11.3 Standard of Judicial Review Nature of Review The standard of judicial review of the merits is highly deferential, as there is no review of the merits of an arbitral award under Bahraini law. This reflects the Arbitration Law’s policy of finality and minimal court intervention in matters governed by arbitration. Scope of Court Authority In set-aside and enforcement proceedings under Articles 34 and 36 of the Arbitration Law, the court’s authority is strictly confined: • No factual re - examination : The court does not re- examine or overturn the tribunal’s findings of fact. • No legal reassessment : The court does not review the tribunal’s interpretation or application of the substantive law. • Strict procedural focus : Judicial scrutiny is limited strictly to the exhaustive procedural and public policy grounds set out in the law.
There is no appeal on the merits of an arbitral award in Bahrain. The only recourse to the courts is an applica - tion for setting aside under Article 34 of the Arbitration Law. This reflects the principle of finality that under - pins international arbitration practice. Procedure and Time Limit An application for setting aside must be brought within three months of receipt of the award or of the disposal of any request made under Article 33 of the Arbitration Law. Grounds for Setting Aside The grounds for setting aside are limited and exhaus - tive and include: • Incapacity of a party or invalidity of the arbitration agreement • Lack of proper notice or inability to present one’s case • Excess of jurisdiction by the tribunal • Improper composition of the tribunal or procedural irregularity • Non-arbitrability of the subject matter • Conflict with public policy Enforcement Stage A party may also resist recognition and enforcement of an award on equivalent grounds under Article 36 of the Arbitration Law. 11.2 Excluding/Expanding the Scope of Appeal General Rule on Alteration The grounds for setting aside under Article 34 of the Arbitration Law are mandatory and exhaustive. Parties cannot by agreement expand the bases on which a court may review or set aside an award, nor can they contract out of or exclude the supervisory jurisdiction of the courts at the seat.
12. Enforcement of an Award 12.1 New York Convention Ratification and Status
Bahrain acceded to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards by Legislative Decree No. 4 of 1988, subject to reservations. The Convention is the primary treaty
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