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.
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Bahrain
Where proceedings are issued in the Bahraini courts in a matter which is the subject of an arbitration agreement, the courts shall, if a party so requests (no later than when submitting its first statement on the substance of the dispute), refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Bahrain
The Bahraini Civil High Court has a number of powers in relation to an arbitration seated in Bahrain, including in relation to:

  • recognition of the arbitration agreement;
  • the appointment of and challenges to arbitrators;
  • the jurisdiction of the tribunal;
  • the taking of evidence;
  • the setting aside of awards; and
  • the recognition and/or enforcement of interim measures and final awards.

These powers are exercisable only at the request of a party or an arbitrator. The extent to which these powers are applicable to arbitrations seated outside of Bahrain will depend on a number of factors - primarily the extent to which parties or their assets are located within the jurisdiction of Bahrain.

For more information about this answer please contact: Patrick Gearon from Charles Russell Speechlys
9.3
Can the parties exclude the court's powers by agreement?
 
Bahrain
The parties cannot in principle exclude the Bahraini Civil High Court’s powers by agreement, although in practice the court’s powers will generally be exercised at the request of a party; if no such request is made, then the court is unlikely to intervene.

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