Answer ... (a) procedure, including evidence?
Subject to any prior agreement on the arbitrators’ powers or arbitration procedures, the tribunal may conduct the arbitration in whatever manner it considers appropriate. The power conferred on the tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence. The tribunal may appoint one or more experts to report on specific issues to be determined by the tribunal, and may require a party to give the expert any information or documents that it considers relevant to the issues surrounding the arbitration.
(b) interim relief?
An arbitrator has the power to order interim relief, including in relation to the preservation of assets and evidence and in order to prevent any prejudice to the arbitration proceedings. An arbitrator may require the party requesting an interim measure to provide appropriate security and may modify, suspend or terminate an interim measure either on application by one of the parties or, in exceptional circumstances, on its own initiative.
(c) parties which do not comply with its orders?
An arbitrator has limited powers in relation to a party’s non-compliance with its orders. Subject to the powers agreed between the parties, an arbitrator may take steps such as awarding adverse costs, drawing adverse inferences or refusing to admit evidence.
If any party fails to appear at a hearing or to produce documentary evidence, the tribunal may continue the proceedings and make an award on the evidence before it.
An arbitrator may also request the Bahraini Civil High Court to assist in taking evidence.
(d) issuing partial final awards?
In general, subject to the powers agreed between the parties, an arbitrator is not precluded from making a partial final award.
(e) the remedies it can grant in a final award?
While the most common remedy is that of damages, subject to the powers agreed between the parties, an arbitrator is not precluded from granting other remedies. In practice, the non-damages remedies available will depend on the governing law of the contract and the law of the jurisdiction in which enforcement of any award will be sought. Any remedy considered unenforceable under Bahraini law or contrary to the public policy or ethics of Bahrain will be excluded from enforcement.
Although Sharia law prohibits the recovery of interest, Bahrain’s commercial laws recognise interest as an international business concept and, subject to what has been agreed between the parties, an arbitrator will therefore have the power to award interest. Consideration should, however, be given when claiming interest to the law of the jurisdiction in which enforcement of any award will be sought.