Comparative Guides
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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Bahrain
Under Bahraini law, a party can apply to the Bahraini Civil High Court to set aside an award if:

  • the party making the application can prove that:
    • a party to the arbitration agreement was under some incapacity; or
    • the agreement is invalid under the law to which the parties have subjected it or, failing any indication thereof, under Bahraini law;
  • the party making the application was not given proper notice of the appointment of an arbitrator or the arbitral proceedings, or was otherwise unable to present its case;
  • the award:
    • deals with a dispute not contemplated by, or not falling within, the terms of the agreement to arbitrate;
    • contains decisions on matters that are beyond the scope of the arbitration; however, if these can be separated from the rest of the award, only that part of the award which contains decisions on matters not submitted to arbitration will be set aside; or
    • conflicts with Bahraini public policy;
  • the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement (unless the agreement conflicts with Bahraini law) or, failing such agreement, was not in accordance with Bahraini law; or
  • the court finds that the subject matter of the dispute is not arbitrable under Bahraini law.
For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Bahrain
An application to set aside an award must be made within three months of either the date of the challenging party’s receipt of the award or the date on which a party’s request for correction or interpretation of an award, or for an additional award, is disposed of by the tribunal.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Bahrain
Parties are not permitted to exclude any rights of challenge or appeal.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys