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5 October 2017

BCDR-AAA Launches New Arbitration Rules

بالعربية

 

En français
 

The Bahrain Chamber for Dispute Resolution (BCDR-AAA) adopted its first arbitration rules in 2010, which were closely modeled on those of the International Centre for Dispute Resolution (ICDR). Since then, several arbitration institutions (including the International Chamber of Commerce (ICC) in 2012, the London Court of International Arbitration (LCIA) in 2014, and the ICDR itself in 2014) have revised their arbitration rules. UNCITRAL, too, issued new arbitration rules for ad hoc proceedings in 2010.

To bring the  BCDR-AAA Arbitration Rules in line with best practices, the BCDR-AAA Board of Trustees established a three-member Rules Review Committee, composed of Antonio R. Parra,* Adrian Winstanley** and Nassib G. Ziadé,*** which was tasked with drafting revised arbitration rules for the Board’s consideration.

The Rules Review Committee scrutinized the latest rules of leading international and regional arbitration institutions, as well as the 2010 UNCITRAL Arbitration Rules, and submitted to the Board of Trustees a set of draft rules embodying what it considered to be the best standards in arbitration.

The draft rules were introduced on 20 September 2016 at a conference on the sidelines of the International Bar Association (IBA) Annual Conference in Washington, DC. At the same time, they were made available for review on the BCDR-AAA website, and personalized invitations were sent to current and potential users for review and feedback. Written comments on the draft rules were received by the BCDR-AAA in the fall of 2016.

The Rules Review Committee carefully considered all observations made by commentators, incorporating those amendments that it believed would enhance the rules, which, as revised, were subsequently adopted by the Board of Trustees.

The new BCDR-AAA Arbitration Rules came into effect on 1 October 2017 in English, French and Arabic versions.

The French version was prepared by Fady Béchara (attorney-at-law, Lebanon) and Nassib G. Ziadé; the Arabic version by Ahmed Husain (BCDR-AAA’s Acting Chief Registrar and Chief Operating Officer), Faris Nesheiwat (attorney-at-law, Jordan) and Nassib G. Ziadé.

The new Arbitration Rules are now available online in Arabic, English and French, all three versions being equally authentic.

* Antonio R. Parra is a Consultant with the World Bank, a member of the Executive Committee and the Board of Trustees of the Dubai International Arbitration Centre (DIAC), and an Honorary Secretary-General of the International Council for Commercial Arbitration (ICCA). He is a former Deputy Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID), and was previously Legal Adviser to ICSID, as well as Senior Counsel and Counsel at the World Bank.

** Adrian Winstanley, OBE, is an independent arbitrator, mediator and consultant; a member of the LCIA Court; of the Board of the International Dispute Resolution Centre (IDRC); and of the Council of the Mumbai Centre for International Arbitration (MCIA); and is the European Advisor to Dispute Resolution Data. He has previously held the positions of Director General and Executive Director of the LCIA, Secretary-Treasurer and Vice-President of the International Federation of Commercial Arbitration Institutions (IFCAI), and is a former member of Clifford Chance’s arbitration team.

*** Nassib G. Ziadé is the Chief Executive Officer of the Bahrain Chamber for Dispute Resolution (BCDR-AAA), a Vice-Chairman of the Advisory Committee of the Cairo Regional Centre for International Commercial Arbitration (CRCICA), a Vice-President of the IFCAI, and a member of the International Advisory Committee of the International Centre for Dispute Resolution (ICDR/AAA), the Permanent Court of Arbitration (PCA) and the ICSID Panels of Arbitrators and Conciliators. He was formerly Director of DIAC, Deputy Secretary-General (and Acting Secretary-General) of ICSID, Executive Secretary of the World Bank Administrative Tribunal, and a member of the LCIA Court.