Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
International Arbitration
3.
Arbitration agreement
3.1
What are the validity requirements for an arbitration agreement in your jurisdiction?
 
Bahrain
To be valid in Bahrain, an arbitration agreement must be in writing. This requirement will be satisfied if the content of the agreement is recorded in any form, whether the arbitration agreement or contract was initially concluded orally, by conduct or by any other means.

An arbitration agreement may be validly recorded in an electronic communication if the information contained therein is accessible for subsequent reference.

A reference in a contract to any document containing an arbitration clause constitutes a written arbitration agreement, provided that the reference is such as to make that clause part of the contract.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
3.2
Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?
 
Bahrain
As the Arbitration Law incorporates the UNCITRAL Model Law on International Commercial Arbitration in its entirety, the provisions relating to separability contained in the UNCITRAL Model Law apply. Effectively, an arbitration clause which forms part of a contract will be treated as an agreement independent of the other terms of the contract, and a decision by the tribunal that a contract is null and void will not entail the invalidity of the arbitration clause.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
3.3
Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?
 
Bahrain
In the absence of agreement between the parties, the tribunal will determine the place of arbitration and/or language or languages to be used in the proceedings, having regard to the circumstances of the case, including the convenience of the parties.

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