Answer ... The relevant legislation governing arbitration in Bahrain is Legislative Decree 9 of 2015, promulgating the Bahraini Arbitration Law.
In 2009 Bahrain established the Bahrain Chamber for Dispute Resolution in partnership with the American Arbitration Association (BCDR-AAA), as an international arbitration centre. The BCDR-AAA is governed by Legislative Decree 30 of 2009 with respect to the Bahrain Chamber for Economic, Financial and Investment Dispute Resolution (the BCDR Law). If an arbitration is conducted in the BCDR by the parties’ agreement, then the BCDR Law will govern the arbitration.
Certain other laws contain provisions relating to statutory arbitration, such as Legislative Decree 48 of 2002 promulgating the Telecommunications Law.
Answer ... The Arbitration Law does not differentiate substantively between domestic arbitration and international arbitration, and governs both forms of arbitration in Bahrain.
Domestic and international arbitrations conducted at the BCDR-AAA are also governed by the BCDR Law.
Answer ... The Arbitration Law adopts the UNCITRAL Model Law on International Commercial Arbitration in its entirety.
Answer ... We are not aware of any plans to amend the arbitration legislation in Bahrain. As the Arbitration Law was issued quite recently (2015) and adopts the UNCITRAL Model Law in its entirety, we do not expect there to be any significant changes to the Bahraini arbitration legislation in the near to medium future.
Answer ... Yes, Bahrain has been a signatory to the New York Convention since 6 April 1988.
Bahrain applies the commerciality and reciprocity reservations, and the New York Convention therefore applies only to:
- disputes which are considered commercial under Bahraini law; and
- the recognition and enforcement of awards made in the territory of another contracting state.
Answer ... Bahrain is a party to a number of other treaties relevant to arbitration, including:
- the Convention on the Settlement of Investment Disputes between States and Nationals of Other States 1965;
- the Riyadh Arab Agreement for Judicial Cooperation 1983;
- the Gulf Cooperation Council Convention for the Execution of Judgments, Delegations and Judicial Notifications 1995;
- the Hague Convention for the Pacific Settlement of International Disputes 1907; and
- various bilateral investment treaties.