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FAQ

  • What is mediation?

    Mediation is a confidential process through an independent and neutral third party ‘mediator' who assists the disputants to negotiate and reach a mutual decision to their dispute. 
 
Trained mediators do not impose a decision upon the parties, unlike arbitration. Through their facilitation and technical skills they assist the parties to explore the issues in depth and reach the best possible joint decision to the dispute.

  • What is arbitration?

    Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

  • What is the “Free Arbitration Zone”?

    The Free Arbitration Zone (FAZ) guarantees that all international disputes under the BCDR-AAA, where those involved agree to be bound by the outcome, will be final and binding and not subject to challenge in the Kingdom of Bahrain. In the FAZ the BCDR has the jurisdiction to hear a dispute if the parties agree in writing to settle it through the Chamber.

    For the FAZ to work effectively, parties must agree that a non-Bahraini law will be applied and that the award should be enforced outside of Bahrain and in the country whose law has been selected to govern the dispute.

     

  • What are the advantages of ADR?

    In contrast to litigation, arbitration offers simpler, client-focused rules and more flexible scheduling leading to a faster resolution reached within a fixed time period with the benefits of the awards generally being confidential. The fixed time period also leads to fixed, and therefore reduced, costs. In addition, disputing parties may choose the location and governing law for the arbitration. This is assisted by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards allowing for the enforcement of arbitral awards in other countries with relative ease.

    ADR is also enforceable, independent, and has set international standards guaranteeing quality and professionalism.

     

  • Who chooses the mediator or arbitrator?

    The BCDR-AAA can provide the parties with experienced mediators and arbitrators, and ensure quality management with the support of the in-house case management office and its trained professionals. Furthermore, parties will have access to the AAA's international roster of mediators and arbitrators. Parties can specify to the BCDR-AAA what particular background and expertise they are seeking and the Chamber will provide them with a list of candidates matching the required qualities. Alternatively, parties can choose a mediator or arbitrator independently.

  • Where will the arbitration or mediation take place?

    In accordance with Article 13 of the BCDR-AAA Arbitration Rules, if parties cannot agree on the place of mediation or arbitration, the administrator may provisionally determine the location. This is subject to the power of the tribunal to determine the final place of arbitration within 60 days after its constitution. All such determinations shall be made while taking into consideration the contentions of the parties and the circumstances of the dispute to be resolved.