Answer ... 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.
Answer ... 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.
Answer ... 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.