Judicial alliance

Shura Council approves creation of International Commercial Court with Singapore

TDT | Manama

Email : editor@newsofbahrain.com

English-language hearings and a Singapore appeal route moved ahead as the Shura Council approved Decree-Law No. 9 of 2024 yesterday, creating the Bahrain International Commercial Court.

The measure was referred to the Speaker of the Council of Representatives to notify the government.

The court will hear cases in Arabic or English and, by party agreement, give users the right to appeal through the Singapore International Commercial Court.

Trust

H.E. Justice Minister Nawaf Al Maawda said: “Bahrain enjoys international trust in its courts in Arabic and in English. Accepting English-language filings has attracted investors. A judgment from the Court of Cassation in English is expected shortly. The Singapore appellate panel will include members from both countries.”

During the sitting, Shura council member Dr Ibtisam Al Dallal pressed for clarity on the appeal track and asked: “Can appeals be heard within the Bahrain court, or not?”

Dr Dalal Al Zayed called for early transparency so users can opt in at contract stage and said: “Publish the rules and procedures so investors can choose the court at the contract stage.” The law consists of four chapters and 22 articles.

Decree

It sets up an independent court under the supervision of the Minister of Justice, or another minister named by decree. The court will ope r a t e through a President, a Dispute Resolution Panel, an Appellate Panel, a Registrar-General and staff.

A Court Council, made up of the President, the Vice-President and all panel members, will oversee operations and issue internal rules.

The court hears cases only by party agreement in international commercial disputes and in matters linked to arbitration.

Appeals

Rules to be issued by the Court Council will set filing and case management, panel appointments, language choice, fee bands set by decision of the President, time limits and general provisions on appeals.

Judgments may be made immediately enforceable where ordered. Parties may agree not to appeal and to treat a judgment as final.

If a case is conducted in English, the default appeal route is the Singapore International Commercial Court unless the parties choose the Appellate Panel of the Bahrain court.

Representation

On representation, non-Bahraini lawyers may appear with a Bahraini lawyer in cases heard in Arabic and may appear alone in other languages.

The President may name a panel member to issue urgent orders, which are treated as panel decisions.

The court and its staff are not liable for harm arising from their work except in cases of bad faith or gross negligence.

Decisions from Singapore do not take effect in Bahrain unless re-issued by the Bahrain International Commercial Court.