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FAQ

  • What are Statutory ADR Tribunals?

    Under Section One of the Royal Decree No. (30) of 2009, the Chamber shall have jurisdiction to settle the following disputes, originally within the jurisdiction of Bahrain courts or other entities having judicial jurisdiction, for cases in which the value of the claim exceeds BD500,000 (approximately US$1.3 million) and:

    1. Disputes among financial institutions licensed according to the provisions of the Law of Central Bank of Bahrain or between these institutions and other institutions, companies, and individuals.
    2. International Commercial Disputes. The dispute shall be deemed international if the location of one of the disputant parties or the place where a substantial part of the organisations of the commercial relationship is to be performed, or the location most closely connected with the dispute is outside the Kingdom.

    A dispute is deemed commercial if its subject matter, contractual or non-contractual, concerns relationships of a commercial nature including any transaction of supplying goods or services or the exchange thereof, distribution agreements, commercial representation or commercial agency, managing rights before others, hiring to purchase, construction of factories, consultation services, engineering works, issuing licenses, investment and financing, banking transactions, insurance, franchising agreements, joint ventures, any other forms of industrial or commercial cooperation, and transporting commodities or passengers by air, sea or land.

     

  • Can the verdict be challenged?

    Parties to the dispute may challenge before the Cassation Court requesting nullification of the award issued by the Dispute Resolution Tribunal in any of the following cases:

    1. The challenging party was not properly served a notice of the appointment of a member of the Dispute Resolution Tribunal or the dispute resolution procedures, or was not enabled to present his defence;
    2. The composition of the Dispute Resolution Tribunal or the dispute resolution procedures is contrary to what is stipulated in the regulation;
    3. The award of the Dispute Resolution Tribunal contradicts the public order in the Kingdom of Bahrain;
    4. If an act of deception or fraud that influenced the Dispute Resolution Tribunal award was committed by a party or his representative;
    5. If after the Dispute Resolution Tribunal award, an admission that papers upon which the award was based were forged or were adjudicated forged, or if the award was based upon testimony of a witness which was adjudged false;
    6. If after the Dispute Resolution Tribunal award, a party obtained decisive papers of the case, the submission of which was obstructed by his opponent;
    7. If the Dispute Resolution Tribunal award ruled in a matter not claimed by the opponents or by more than what had been claimed. However, if it was possible to isolate the orders related to the claims of the opponents from the other orders, then it is not permissible to annul from the dispute resolution tribunal award other than that part which contains the orders related to the matters which the award had adjudicated in matters not claimed by the opponents or by more than they claimed;
    8. If the dispute resolution tribunal award contradicts another award having res judicata status provided that all the opponents in both cases are the same persons and status and the subject matter of the case is the same subject matter in the previous case.

     

  • How are fees determined in Statutory ADR Tribunal cases?

    Fees are determined according to the Law of Judicial Fees and are calculated based on the amount of the claim or the relief sort. Case fees are divided into three types: relative fee for claims of a determined value; fixed fee for claims of an undetermined value; and, other fixed fees. Full details can be found under the Filing Fees section.

  • How is the Dispute Resolution Tribunal constituted?

    In accordance with Article 40, the Tribunal is required to be constituted of three members within two months from the date a case is filed. By default, the Tribunal must be made up of two judges from the Chamber's Roster of Judges and should include a Registrar appointed as a third member. The Registrar will be taken from the Chamber's Neutrals Roster or from that of an accredited BCDR-AAA institution. The Registrar will be appointed based on experience, qualifications and the nature of the case.

    Both parties may agree to each appoint one member to the Tribunal. In this instance, it must be agreed that each party will equally incur the fees and expenses of two of the appointed Tribunal members.
    In both cases, the Tribunal is to be chaired by the senior judge. The Chamber's Judge Roster is prepared by the CEO, taken from a list of judges delegated by the Supreme Judicial Council, being of High Court of Appeals level or higher.

    The members of The Tribunal shall be neutral and independent. When designated and/or being appointed to a case, each member is under obligation to disclose to the Chamber's Registrar any condition or reason that may raise doubts with regard to the member's neutrality or independence.

     

  • Under which law will the tribunal be held?

    Parties to the dispute may agree upon the applicable law relevant to the subject matter of the dispute provided that the provisions of the agreed law do not contradict the public order in the Kingdom. If the parties do not agree upon the applicable law, the Law of Bahrain shall be the applicable law to the subject matter of the dispute.

    For further information, please refer to the Legislative Decree No.(30).

     

  • Can I choose my own lawyer?

    Yes. However, it is not permitted for non Bahraini lawyers to represent disputants unless accompanied by a Bahraini lawyer licensed before the Cassation Court.

    For further information, please refer to the Legislative Decree No.(30).

     

  • What is the Chamber’s jurisdiction by law?

    The Chamber has jurisdiction to settle the following disputes originally within the jurisdiction of Bahrain courts or other entities having judicial jurisdiction, for cases which the value of the claim exceeds BD500,000:

    1. Disputes among financial institutions licensed according to the provisions of the Law of Central Bank of Bahrain or between these institutions and other institutions, companies, and individuals.
    2. International Commercial Disputes. The dispute shall be deemed international if the location of one of the disputant parties or the place where a substantial part of the obligations of the commercial relationship is to be performed, or the location most closely connected with the dispute is outside the Kingdom.

    In addition, parties to the dispute before the Chamber may agree upon the applicable law relevant to the subject matter of the dispute provided that the provisions of the agreed law do not contradict the public order in the Kingdom. If the parties did not agree upon the applicable law, the Law of Bahrain shall be the applicable law to the subject matter of the dispute.

    Furthermore, if the parties have agreed to choose a law other than the Law of Bahrain, parties are obliged to submit that law to the Dispute Resolution Tribunal in accordance with the regulations and procedures cited in the regulation.