BCDR-AAA is situated in the Diplomatic Area of Manama, Bahrain and is easily accessible from within the region. Bahrain International Airport, which is serviced by 38 airlines, connected to over 50 destinations worldwide, is only a short car journey away.
BCDR-AAA is both a legislatively mandated court with specific jurisdiction and an arbitration center established by Legislative Decree.
BCDR-AAA's rules (the "Rules") on arbitration and mediation are based on international best practices with tailor-made approach. The Rules were drafted with the underlying the philosophy of striking a balance between the interest of all the parties, and to assure that the arbitration process itself does not get unduly delayed or hindered. The ultimate goal of the Rules is the speedy, efficient and cost effective resolution of disputes.
The Rules can be utilized by contracting parties either as part of an arbitration and/or mediation clause, or as the governing procedural framework for an arbitration or mediation ad hoc procedure.
In all cases the BCDR-AAA can administer an arbitration or mediation process, even if the chosen procedural framework chosen by the parties is not the BCDR-AAA's own rules on arbitration or mediation.
Parties to a dispute may agree to their language of choice. If, however, there is no such agreement for disputes presented before the BCDR Court, then the Arabic language will be the default language used. As to arbitration and mediation proceedings, and if the parties fail to agree on a language of choice, the BCDR-AAA's appointed case manager will determine the most appropriate language.
A simple case filing process is devised by the BCDR-AAA and can be found here. To discuss the filing requirements, please contact the BCDR-AAA's staff either by e-mail at: [email protected], or calling at: +973 17 511 311.
Generally, the fees aim to moderate the price of access to justice and the cost of arbitration generally. There is a fixed filing fee of USD 3,000, irrespective of the sums at issue, payable by the Claimant when filing the Request for Arbitration, followed by a case management fee calculated on the basis of the sums at issue, payable after the filing of the Response and in such proportions as the Chamber deems appropriate. The arbitrators' fees are now fixed by the Chamber, in consultation with the tribunal, and are subject to a cap of USD 500 per hour and USD 4,000 per day.
Yes, the BCDR-AAA is an independent body as mandated by the 2009 statute establishing the BCDR-AAA, which specifically provides for its independence. Furthermore, the BCDR-AAA's own mission statement guarantees its independence. In addition, the unique joint venture with the American Arbitration Association indicates the independence of the BCDR-AAA, reflected through the appointment of two senior members of the AAA, namely its CEO and SVP to the BCDR-AAA's Board of Trustees.
BCDR-AAA cases are managed by an allocated 'Case Manager'. The Case Manager is an independent, neutral administrator for the dispute and will remain with the case from the moment of filing to the closing of the case.
Case Managers' duties include: setting and managing deadlines; arranging meeting times for the exchange of all case documents and memoranda; filing of all submissions; requesting evidentiary procedures; and overseeing the notification process.
In addition to BCDR-AAA's internationally-trained mediators and arbitrators, parties will also have access to AAA's international roster of mediators and arbitrators. Parties can specify what particular background and expertise they are seeking, and BCDR-AAA will seek to provide them with a list of candidates possessing those qualities. Alternatively, the parties can choose a mediator or arbitrator independently.
Training and development of mediators and arbitrators locally and across the region from legal and non-legal backgrounds is a key BCDR-AAA objective. BCDR-AAA invests heavily in training to achieve an international standard, as well as providing workshops for lawyers and judges.