{"id":117492,"date":"2025-11-12T14:26:20","date_gmt":"2025-11-12T14:26:20","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=117492"},"modified":"2025-11-12T14:26:20","modified_gmt":"2025-11-12T14:26:20","slug":"bahrain-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/bahrain-international-arbitration\/","title":{"rendered":"Bahrain: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-117492","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-bahrain"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">ASAR \u2013 Al Ruwayeh &amp; Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/10\/ASAR_Logo_Colour.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">ASAR \u2013 Al Ruwayeh &amp; Partners<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/10\/ASAR_Logo_Colour.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in Bahrain<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The primary legislation governing arbitration in Bahrain is Law No. (9) of 2015 Promulgating the Arbitration Law, which adopts the UNCITRAL Model Law on International Commercial Arbitration (1985), including the 2006 amendments (\u201c<strong>Arbitration Law<\/strong>\u201d). This law applies to all arbitrations, regardless of the nature of the legal relationship between the parties, provided that the arbitration is conducted in Bahrain or if the parties have agreed to subject their arbitration to the provisions of this law, even if conducted elsewhere.<\/p>\n<p>There are also mandatory laws within this framework, particularly concerning procedural requirements and certain public policy considerations, which cannot be waived or altered by agreement between the parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, Bahrain is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. Bahrain acceded to the Convention through Legislative Decree No. (4) of 1988 (\u201c<strong>New York Convention<\/strong>\u201d), with specific reservations. These reservations are in line with Article 1 of the Legislative Decree No. (4) of 1988 and were outlined as follows:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Bahrain\u2019s accession to the New York Convention does not imply recognition of Israel, nor does it create any legal or diplomatic relationship with it.<\/li>\n<li>Bahrain applies the New York Convention on a reciprocity basis, meaning it will only recognize or enforce awards made in another contracting state that is also a party to the Convention.<\/li>\n<li>Bahrain limits the application of the New York Convention to disputes arising from legal relationships, whether contractual or not, that are considered commercial under Bahraini law.<\/li>\n<\/ul>\n<p>We are not aware of any published legislative amendments to these reservations, even after the signing of the Abraham Accords between Bahrain and Israel. Consequently, these reservations remain legally in effect.<\/p>\n<p>However, in practice, there has been growing cooperation between Bahrain and Israel across various sectors since the signing of the Abraham Accords. To date, we are not aware of any cases brought before Bahraini courts seeking the recognition and enforcement of arbitration awards made in Israel. It also remains unclear whether a reciprocity arrangement for the enforcement of arbitral awards has been established between Bahrain and Israel.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bahrain is a party to various arbitration-related treaties and conventions that contribute to its robust framework for international dispute resolution, including:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Legislative Decree No. (16) of 1995 Ratifying the Convention of the International Centre for Settlement of Investment Disputes (ICSID) of 1965 \u2013 Facilitates the arbitration of investment disputes between states and foreign investors.<\/li>\n<li>Legislative Decree No. (41) of 1999 on the ratification of the Riyadh Arab Agreement for Judicial Cooperation of 1983 \u2013 Encourages judicial cooperation, including the recognition and enforcement of arbitral awards among Arab states.<\/li>\n<li>Decree No. (9) of 1996 ratifying the Agreement on the Enforcement of Judgments, Letters Rogatory and Judicial Notices of the States Members of the Cooperation Council for the Arab States of the Gulf (GCC) \u2013 Enhances the enforcement of arbitral awards among GCC states.<\/li>\n<li>Law No. (10) of 2008 approving the accession of the Kingdom of Bahrain to the Convention for the Peaceful Settlement of International Disputes concluded in The Hague on 18 October 1907 (Hague Convention I) \u2013 Promotes peaceful dispute resolution mechanisms, including arbitration.<\/li>\n<li>Decree No. (6) of 2000 Approving the Constitution of the Gulf Cooperation Council&#8217;s Commercial Arbitration Centre \u2013 Establishes a regional arbitration mechanism for the Gulf States, with Bahrain being a founding member.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Law No. (9) of 2015 Promulgating the Arbitration Law adopts the UNCITRAL Model Law on International Commercial Arbitration (1985), including the 2006 amendments. The law closely follows the Model Law, providing a modern framework for both domestic and international arbitration. There are no major deviations from the Model Law. We are not aware of any official plans to reform the arbitration laws in Bahrain at this stage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, there are two prominent arbitral institutions:<\/p>\n<ul style=\"padding-left: 0\">\n<li>The GCC Commercial Arbitration Centre: The Centre\u2019s Rules were last amended in 1999.<\/li>\n<li>The Bahrain Chamber for Dispute Resolution (BCDR): The BCDR adopted its first set of arbitration rules in 2010, which were closely aligned with those of the International Centre for Dispute Resolution (ICDR). The rules were revised in 2017 and most recently in 2022.<\/li>\n<\/ul>\n<p>Currently, there are no publicly available indications that further amendments to the rules of either institution are under consideration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, there is no specialist arbitration court in Bahrain.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Article 7 of the Arbitration Law, an &#8220;Arbitration agreement&#8221; is an agreement between parties to submit all or specific disputes that have arisen or may arise between them to arbitration, whether the legal relationship in question is contractual or not. To be valid, the Arbitration Law requires that the arbitration agreement must be in writing either as a clause within a contract or as a separate agreement. The writing requirement is interpreted to include agreements recorded in any form, electronic communications accessible for future reference, acknowledgment in exchanged pleadings, or incorporation by explicit reference to another document containing an arbitration clause.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Under Article 16 of the Arbitration Law and confirmed by the Cassation Court in Appeal no. 254 of 2002, dated May 19, 2003, arbitration clauses are separable from the main contract and remain valid and enforceable even if the main contract is nullified or terminated.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, the courts in Bahrain do not apply a validation principle to the arbitration agreement. Bahrain courts do not consider multiple national laws. Instead, the validity and enforceability of an arbitration agreement in Bahrain are determined by the Arbitration Law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Not valid. While the courts of the Kingdom of Bahrain have not yet directly ruled on the validity of unilateral or asymmetric arbitration clauses, Bahraini courts have consistently held\u2014through Cassation Court judgments\u2014that the default method for resolving disputes is litigation, with arbitration being an exception based strictly on the parties\u2019 agreement. Such exceptions are construed narrowly, and arbitration agreements must clearly demonstrate the parties\u2019 intent to arbitrate. If an agreement is ambiguous or grants only one party the unilateral right to choose between arbitration and litigation, there is a significant risk that the courts may decline to enforce the arbitration clause and assert jurisdiction over the dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The application of an arbitration agreement is limited to its parties. The agreement does not extend to third parties who are not signatories and did not participate in the agreement. Consequently, any dispute involving a third party would fall under the jurisdiction of the competent courts.<\/p>\n<p>However, there are exceptions, particularly in cases of delegated performance. In Cassation Appeal No. 31 of 2023, Session of 8 January 2024, the main contractor undertook payment obligations under a subcontract containing an arbitration clause. The court held that the subcontract remained in effect, including its arbitration clause, and the main contractor\u2019s undertaking constituted delegated performance, not a novation. Therefore, the arbitration clause extended to the main contractor in relation to the subcontractor\u2019s performance:<\/p>\n<p><em>\u201c&#8230; It follows from the foregoing that the respondent continued to perform its obligations under the subcontract beyond 1 May 2018 on the same terms and conditions, with the only change being that the first appellant assumed direct responsibility for payment from that date. As [Company] remained liable for amounts predating the arrangement, the appellant\u2019s undertaking constituted delegated performance in payment\u2014not a novation\u2014within the meaning of Article 351(b) of the Civil Code, which provides that novation is not presumed in cases of delegation. In the absence of an express agreement to novate, the first appellant\u2019s obligation to make payment existed alongside [Company]\u2019s original obligation. Accordingly, the contractual relationship between the respondent and [Company] continued to be governed by the terms of the subcontract, including the arbitration clause. The appealed judgment erred in rejecting the appellants\u2019 plea of inadmissibility based on the arbitration clause, on the ground that it was not expressly referred to in the appellant\u2019s letter of undertaking\u2014 despite that letter merely confirming an obligation to pay for services under a contract that remained in force and continued to govern the relationship between the parties, including the agreed mechanism for dispute resolution.\u201d<\/em><\/p>\n<p>Arbitration agreements may also extend to branches or subsidiaries under certain circumstances. A branch is not considered a third party, as it is not a separate legal entity from the parent company. If the arbitration agreement was executed by the parent company, it may also apply to the branch. Where a branch operates under the parent company at the time of contract execution and performs obligations under the contract, it is bound by the arbitration clause. Subsequent incorporation or establishment as an independent entity does not release the branch from compliance. This was confirmed in Appeal No. 590 of 2020, Session of 16\/11\/2020, which noted:<\/p>\n<p><em>\u201cWhen both appellants based their request to annul the arbitration award in question, the second appellant argued that it was not a party to the arbitration agreement contained in the construction contract entered into between the first appellant and the respondent on 17\/9\/2008, as the second appellant was established in 2010. However, it is evident from the documents that at the time the contract was made, it was a branch of the first appellant company\u2014Branch No. 25\u2014and it was responsible for executing the construction work. Therefore, it is represented in the agreement as a branch of the parent company, and its later incorporation as an independent company does not affect its retention of previous obligations and its subjection to the arbitration clause included in the original contract.&#8221;<\/em><\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We are not aware of any court decisions concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The law applicable to the substance of a dispute is generally determined by the parties involved, who may agree to choose the applicable law or select international commercial law and its customs. However, it is essential that the chosen law&#8217;s provisions do not contradict the public order of the Kingdom of Bahrain.<\/p>\n<p>According to Bahrain&#8217;s Law No. 6 of 2015 on Conflict of Laws in Civil and Commercial Matters with a Foreign Element (Conflict of Law Rules), the parties to the dispute are required to submit the provisions of the chosen applicable law. If the parties fail to submit the provisions of that law, Bahraini law may be considered the applicable law for the subject matter of the dispute. In the event of a disagreement between the parties over the applicable law, the authority reviewing the dispute is responsible for determining the applicable law before addressing the substance of the dispute.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specific statutory requirements or restrictions on the appointment of arbitrators in Bahrain, unless agreed by the parties. Article 11 of the Arbitration Law allows arbitrators of any nationality, unless otherwise agreed. If a court appoints a sole or third arbitrator, it considers the agreed qualifications, independence, and impartiality, and may appoint someone of a different nationality from the parties to ensure neutrality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, local courts can intervene in the selection of arbitrators under certain circumstances. According to Article 11 of the Arbitration Law, the parties have the freedom to agree on a procedure for appointing arbitrators; however, if they fail to reach an agreement, the following provisions apply:<\/p>\n<ul style=\"padding-left: 0\">\n<li>In an arbitration involving three arbitrators, each party appoints one arbitrator, and the two appointed arbitrators then select the third. If a party does not appoint their arbitrator within thirty days of receiving a request to do so, or if the two arbitrators cannot agree on the third within thirty days, either party can request the court to make the appointment.<\/li>\n<li>If the parties cannot agree on a sole arbitrator, the court will appoint one upon request from either party.<\/li>\n<\/ul>\n<p>If a party fails to act as required under the agreed appointment procedure, or if the parties or arbitrators cannot reach an expected agreement, any party may request the court to take necessary measures, unless the appointment procedure specifies alternative means for securing the appointment.<\/p>\n<p>When the court intervenes, it will consider any qualifications required by the parties&#8217; agreement and aim to ensure the appointment of an independent and impartial arbitrator. Decisions made by the court regarding arbitrator appointments are not subject to appeal, ensuring a prompt resolution in the selection process.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Under Articles 12 and 13 of the Arbitration Law, an arbitrator may be challenged if circumstances give rise to justifiable doubts about their independence or impartiality, or if they fail to meet qualifications agreed by the parties. A party cannot challenge an arbitrator they appointed unless the grounds arose after the appointment. Parties may agree on their own challenge procedure, but if none exists, the challenging party must submit a written statement of reasons to the tribunal within 15 days of learning of the grounds. If the arbitrator does not withdraw and the other party does not agree, the tribunal decides the challenge. If rejected, the challenging party may seek a court ruling within 30 days, which is final and not subject to appeal. Importantly, arbitral proceedings may continue while the challenge is pending, and the tribunal may still issue an award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, there have not been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to Article 7 of the Arbitration Law, arbitrators are generally immune from liability for any acts or omissions occurring in the course of performing their duties. This immunity applies unless the arbitrator acts in bad faith or commits gross wrongdoing. The same rule extends to individuals working for the arbitrator or those authorized by him to perform specific tasks related to his duties. However, this immunity does not protect the arbitrator if he resigns without a justifiable cause or at an inappropriate time.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Bahrain recognizes the principle of competence-competence. Under Article 16 of the Arbitration Law, arbitral tribunals may rule on their own jurisdiction, including objections to the existence or validity of the arbitration agreement. Any plea asserting that the tribunal lacks jurisdiction must be raised no later than the submission of the statement of defense. The tribunal may decide such issues either as preliminary questions or within the final award. If the tribunal rules preliminarily, a party may request the court to review the decision within 30 days, but the court\u2019s ruling is final and non-appealable. Meanwhile, arbitral proceedings may continue pending the court\u2019s decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to Article 8 of the Arbitration Law, if a party initiates litigation on a matter subject to an arbitration agreement, the court must refer the parties to arbitration if requested by a party and made at the time of submitting their first statement regarding the dispute. This referral will occur unless the court finds the arbitration agreement to be null and void, inoperative, or incapable of being performed.<\/p>\n<p>Please note that the court will not dismiss the case solely based on the arbitration clause unless a party raises this as a plea before the court of first instance. The lack of jurisdiction due to the arbitration clause is not considered a matter of public order. If a party fails to raise this objection before the competent court within the specified timeframe, the plea will not be accepted, and the court will proceed to decide its jurisdiction over the matter<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>According to Article 25 of the Arbitration Law, unless otherwise agreed by the parties, if the respondent fails to participate in the arbitration and\/or communicate their statement of defense without showing sufficient cause, the arbitral tribunal will continue the proceedings without treating the failure as an admission of the claimant&#8217;s allegations. The tribunal proceeds based on the available evidence.<\/p>\n<p>There is no provision in the Arbitration Law that allows the courts to compel the respondent\u2019s participation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bahrain\u2019s Arbitration Law does not specifically address third-party joinder. Under Article 28 of the BCDR Arbitration Rules 2022, a third party may join before tribunal appointment if an arbitration agreement exists between all parties. After tribunal appointment, joinder requires the written consent of all parties, and the tribunal decides whether to allow it, taking into account justice, efficiency, and the arbitration stage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, interim measures in arbitration encompass any temporary actions ordered by the arbitral tribunal to:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>maintain or restore the status quo pending the dispute\u2019s resolution;<\/li>\n<li>prevent or refrain from actions that could cause current or imminent harm or prejudice to the arbitral process;<\/li>\n<li>preserve assets from which a future award may be satisfied; and<\/li>\n<li>safeguard evidence relevant to the dispute.<\/li>\n<\/ol>\n<p>Unless otherwise agreed, tribunals may grant such measures at a party\u2019s request.<\/p>\n<p>Parties may also request interim protection from local courts before or during arbitration, which is compatible with the arbitration agreement. Under Article 17 of the Arbitration Law, tribunal-ordered interim measures are binding and enforceable in competent courts domestically or abroad, and courts may require security to protect third-party rights if necessary.<\/p>\n<p>Anti-suit and anti-arbitration injunctions can be sought from the tribunal or courts to restrain foreign proceedings that breach an arbitration agreement; while legally permissible, they are uncommon in Bahrain.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, there are no specific arbitration rules governing evidentiary matters. Article 19 of the Arbitration Law allows parties to agree on the procedure for conducting arbitration, including evidentiary rules. If no agreement exists, the arbitral tribunal has discretion to determine the admissibility, relevance, materiality, and weight of evidence. Under Article 27, the tribunal\u2014or a party with its approval\u2014may request assistance from competent courts to obtain evidence, which courts may provide within their competence and rules. Additionally, under Law No. 14 of 1996 on Evidence in Civil and Commercial Matters, a party can request the court to obtain witness testimony by specifying the facts to prove and the witnesses\u2019 names and addresses. The court may order the party to produce or summon the witnesses; failure to comply may result in losing the right to call that witness, along with any other legal penalties for delays.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, counsel in arbitration are governed by Law No. 26 of 1980 (Advocacy Law). While there are no specific ethical codes for arbitrators, Article 7 of the Arbitration Law holds arbitrators accountable for actions or omissions committed in bad faith or involving gross negligence, including the conduct of any staff or authorized individuals assisting them. These professional and ethical standards apply to all counsel and arbitrators involved in arbitration proceedings in Bahrain, irrespective of their nationality.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specific provisions in the Arbitration Law concerning confidentiality. Typically, the confidentiality of arbitration proceedings is governed by the agreed arbitration rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, the IBA Guidelines on Conflicts of Interest are not legally binding but are influential in practice. While the Arbitration Law sets general standards for arbitrator independence and impartiality, it does not formally incorporate these Guidelines. The BCDR has integrated them into its Arbitration Rules (Article 10), requiring arbitrators to disclose any circumstances that could raise doubts about their impartiality or independence. Bahraini courts do not formally adopt the IBA Guidelines, so their application is largely limited to arbitral proceedings rather than judicial decisions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included on the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, the Arbitration Law does not provide detailed rules on arbitration costs. Article 17\/G states that a party requesting an interim measure or preliminary order is liable for costs and damages if the tribunal later finds the measure unjustified. The tribunal may award such costs during proceedings, and further allocation can be governed by the parties\u2019 agreed arbitration rules.<\/p>\n<p>Pre- and post-award interest can be included on the principal claim and costs depending on the applicable law. Under Article 81 of the Law of Commerce No. 7 of 1987, interest accrues on delayed payment of commercial debts from maturity until full payment. Courts commonly award legal interest on the principal claim of commercial transactions starting from the maturity date until full payment is made, The rate of interest is not defined and is at the court&#8217;s discretion. However, it is uncommon to include interest on arbitration costs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, applications for security for costs in arbitration are governed by both the Arbitration Law and the BCDR Rules of Arbitration.<\/p>\n<p>Under Article 17 of the Arbitration Law, an arbitral tribunal may require a party requesting an interim measure to provide appropriate security unless it is deemed unnecessary. Article 36 allows courts, when considering annulment, stay, recognition, or enforcement of an award, to defer decisions or order security to protect third-party rights, particularly if the tribunal has not previously addressed the matter.<\/p>\n<p>The BCDR 2022 Rules (Article 36.1) empower tribunals to fix and allocate arbitration costs, including requiring security, considering case circumstances and relevant provisions.<\/p>\n<p>While Bahraini courts have not frequently ruled on security for costs, both tribunals and courts have clear authority to grant such orders when appropriate.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, an arbitral award is recognized as binding and enforceable through the High Court, regardless of where it was issued. Under Article 3 of Law No. (22) of 2021 on Enforcement in Civil and Commercial Matters, enforcement requires a written application including a copy of the arbitration agreement, and if the award is not in Arabic, a certified translation. The court clerk prepares the documentation, which is served on the party against whom enforcement is sought. The High Court reviews the award and agreement to confirm no enforcement impediments, after which the application is submitted to the Execution Court.<\/p>\n<p>Article 36 of the Arbitration Law provides grounds for refusal of recognition or enforcement, which include:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Incapacity of a party or invalidity of the arbitration agreement under governing law;<\/li>\n<li>Improper notice or inability of a party to present its case;<\/li>\n<li>Award addressing disputes beyond the arbitration submission or outside its scope;<\/li>\n<li>Tribunal composition or procedure inconsistent with the parties\u2019 agreement or applicable law;<\/li>\n<li>Award not yet binding or annulled\/suspended in the jurisdiction where it was made.<\/li>\n<\/ul>\n<p>Additionally, enforcement may be refused if the subject matter is not arbitrable under Bahraini law or if enforcement would contravene public policy.<\/p>\n<p>The award must state reasons unless the parties have agreed that no reasoning is required or the award is based on a settlement agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, the estimated timeframe for the High Court to recognize and enforce an arbitral award\u2014whether domestic or international\u2014is generally 1 to 3 months, though this can vary depending on court caseload and any responses or challenges from the respondent. The respondent is notified and entitled to submit a defense, so recognition and enforcement cannot be obtained on an ex parte basis.<\/p>\n<p>Once the High Court issues a decision recognizing and enforcing the award, it is final and not subject to appeal. The respondent may, however, file a case to set aside or nullify the award within three months from issuance or notification, under Article 34 of the Arbitration Law. If the court refuses recognition, that decision can be appealed to the Appeal Court within 45 days.<\/p>\n<p>The timeframe for actual enforcement by the Execution Court depends on the availability of assets and the respondent\u2019s cooperation. Bahrain law does not distinguish between domestic and international awards in terms of the standard of review; the same legal requirements and procedures apply to both.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, arbitration awards can be challenged in local courts through an application to set aside the award, as provided under Article 34 of the Arbitration Law. Such an application must be filed within three months from the date the party received the award. The court may suspend the proceedings if requested, allowing the arbitral tribunal to address the issues raised.<\/p>\n<p>An award may be set aside only if:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li><strong>Procedural or party-related grounds:<\/strong>\n<ul style=\"padding-left: 5\">\n<li>A party to the arbitration agreement lacked capacity, or the agreement is invalid under the governing law or, if unspecified, under Bahraini law.<\/li>\n<li>The applicant was not properly notified of the arbitrator\u2019s appointment or the proceedings, or was unable to present their case.<\/li>\n<li>The award addresses disputes beyond the scope of the arbitration agreement, though separable decisions outside the scope may be set aside without affecting the rest.<\/li>\n<li>The tribunal\u2019s composition or procedure was inconsistent with the parties\u2019 agreement (unless it conflicts with mandatory provisions) or the Arbitration Law.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Substantive grounds:<\/strong>\n<ul style=\"padding-left: 5\">\n<li>The dispute is not arbitrable under Bahraini law.<\/li>\n<li>The award violates Bahraini public policy.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<p>Parties may also agree in advance\u2014such as through the arbitration clause\u2014to waive their rights to appeal or challenge the award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, arbitration awards acquire <strong>res judicata<\/strong> effect immediately upon issuance, meaning they are binding and final regarding the rights determined, and no evidence contradicting this finality is admissible. The Cassation Court confirmed this in Appeal No. 14 and 252 of 2021, Session 15\/12\/2021, emphasizing that arbitral awards, like judicial rulings, retain this authority as long as they are in effect and have not been annulled.<\/p>\n<p>Under Article 99 of Law No. (14) of 1996, which governs the Law of Evidence in Civil and Commercial Matters, judgments with res judicata effect are binding <strong>only between the same parties<\/strong>, in the same capacities, and concerning the same right and cause.<\/p>\n<p>Consequently, the binding effect of arbitration awards is limited to the parties involved regarding the same rights. Third parties or non-signatories cannot be bound by an arbitration award since it was not issued against them; therefore, they may challenge the rights determined by such an award. However, an arbitration award remains highly regarded as evidence in court, possessing the same evidentiary weight as a final court judgment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bahrain, third-party funding (TPF) in arbitration is generally permitted and not prohibited by law.<\/p>\n<p>The BCDR 2022 Rules of Arbitration, Article 21(bis), require parties to disclose any TPF arrangement and the identity of the funder, enabling arbitrators to assess potential conflicts of interest and its impact on proceedings.<\/p>\n<p>The Bahrain Arbitration Law and the Advocacy Law do not regulate or prohibit TPF or contingency fee arrangements. However, parties must ensure compliance with Bahrain\u2019s Anti-Money Laundering Law No. 4 of 2001, as amended, when using third-party funds, performing due diligence to confirm the legitimacy of the funding source. Non-compliance can lead to regulatory or criminal liability for the parties, funders, and their legal representatives.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Arbitration Law does not explicitly address emergency arbitrator relief. However, the Arbitration Law permits interim measures or emergency relief to be issued either by the arbitral tribunal or by the court, as previously explained in our answer to Question 23.<\/p>\n<p>This emergency arbitrator relief is detailed in the BCDR Arbitration Rules 2022. Article 14 of the BCDR Arbitration Rules states that any party may submit a written request for the appointment of an emergency arbitrator when submitting a request for arbitration or after its submission, but before the appointment of the arbitral tribunal. The decision made by the BCDR emergency arbitrator will have the same effect as interim measures issued by an arbitral tribunal in accordance with Article 17 of the Arbitration Law. These decisions are binding and can be enforced by the competent court of the country.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bahrain\u2019s Arbitration Law does not expressly provide for expedited procedures for claims under a certain value. However, Article 14 of the BCDR Arbitration Rules 2022 () establish such procedures:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Automatically applicable: If the total value of the claim and any counterclaim does not exceed USD 1 million, unless the parties have agreed otherwise in writing.<\/li>\n<li>Party-agreed application: If the parties agree in writing to apply expedited procedures, regardless of the claim\u2019s value.<\/li>\n<\/ul>\n<p>These procedures are commonly used for low-value and straightforward disputes, providing faster resolution and reducing arbitrator fees when parties opt for BCDR Rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We are not aware of any recent court decisions in Bahrain considering the setting aside of an award that has been enforced in another jurisdiction or vice versa.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We are not aware of any recent court decisions addressing corruption in arbitration. The party alleging corruption involving an arbitrator or counsel in the arbitration proceedings bears the burden of proof. The local court will consider the claim only if there is a final judgment issued by a criminal court confirming the corruption.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country with respect to intra-European investor-State arbitration generally or enforcement of awards stemming from proceedings of this nature? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>We are not aware of any court decisions in Bahrain concerning intra-European Union (EU) investor-State arbitration or the enforcement of awards arising from such proceedings. Bahrain\u2019s legal framework generally supports the enforcement of foreign arbitral awards in accordance with international treaties, including the New York Convention. We are not aware of any court decisions or pending cases specifically relating to intra-EU investor-State arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In October 2022, the Bahrain Chamber for Dispute Resolution (BCDR) published amended arbitration rules to actively encourage the use of electronic communications. In particular, Articles 14.10 and 35.6 provide for the prompt transmission of electronic versions of orders and awards, Article 16.3 requires the tribunal and parties, during the preliminary procedural conference, to consider the use of technology to enhance efficiency and reduce costs, and Article 22.1 allows hearings and meetings to be conducted in person or via electronic means, ensuring full participation of all relevant parties.<\/p>\n<p>Bahrain has also advanced the digitalization of its judicial processes. The Ministry of Justice, Waqf, and Islamic Affairs, in collaboration with the Information and eGovernment Authority, has launched an e-services platform enabling parties to file cases, pay court fees, submit pleadings, and receive judgments online.<\/p>\n<p>Together, these initiatives reflect Bahrain\u2019s commitment to modernizing arbitration proceedings, promoting virtual hearings, and enhancing both efficiency and accessibility.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Bahrain has not seen recent developments related to disputes on climate change or human rights. However, Bahrain is committed to promoting human rights through initiatives like the King Hamad Global Center for Peaceful Coexistence, established by Royal Order No. (15) of 2018. This center focuses on highlighting the values and commonalities uniting civilizations, fostering awareness and enriching paths toward tolerance and peaceful coexistence. It emphasizes the importance of dialogue, combats extremist ideologies, and promotes the positivity of plurality and diversity in Bahraini society and its cultural heritage.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, Bahraini courts consider international economic sanctions as part of their public order. Public order revolves around the public interest, encompassing fundamental principles that uphold the political system, social agreements, economic rules, and moral values on which society is based, ensuring the common good. The Central Bank of Bahrain (CBB) oversees Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) measures, regularly updating blacklists within the financial sector. Although an Israeli boycott law remains in place, Bahrain&#8217;s normalization of relations with Israel in 2020 through the Abraham Accords may affect future enforcement of such sanctions. Additionally, Bahrain imposed sanctions on Qatar in 2017, which were lifted in 2021.<\/p>\n<p>As such, international economic sanctions can affect the recognition and enforcement of arbitration awards if they conflict with sanctions applied in Bahrain.<\/p>\n<p>We are not award of issuing any recent court judgments specifically address the impact of sanctions on arbitration proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country implemented any rules or regulations regarding the use of artificial intelligence, generative artificial intelligence or large language models in the context of international arbitration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As of October 2025, Bahrain has not enacted specific rules or regulations addressing the use of artificial intelligence (AI), generative AI, or large language models within the context of international arbitration. However, the country has taken significant steps toward regulating AI more broadly.<\/p>\n<p>In April 2024, the Shura Council approved a comprehensive Artificial Intelligence Regulation Law, comprising 38 articles. This law is designed to govern the development and deployment of AI across various sectors, including judicial and legal applications. It emphasizes the importance of regulating AI technologies and their applications in areas such as surgical operations, radiology, early disease prediction, examination, diagnosis, and treatment, as well as in educational, engineering, tourism, sports, media, judicial, scientific, and other sectors.<\/p>\n<p>Additionally, Bahrain has developed the Guidelines for the Ethical Use of Artificial Intelligence, which provide a set of ethical values and principles for responsible AI development and use within the Gulf Cooperation Council (GCC) countries.<\/p>\n<p>While these developments indicate Bahrain&#8217;s commitment to responsible AI governance, there are currently no specific provisions or regulations concerning the use of AI technologies in international arbitration proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6502<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/117492","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=117492"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}