MPs back host country deal for Hague Arbitration Court office in Bahrain

Parliament’s Foreign Affairs, Defence and National Security Committee has backed a draft law to ratify a host country agreement with the Permanent Court of Arbitration, clearing the way for the Haguebased body to establish a seat in Bahrain.

The proposed law, attached to Royal Decree 39 of 2025, has two articles. The first approves the Host Country Agreement between the Government of Bahrain and the Permanent Court of Arbitration, signed in Manama on 17 June 2025. The second is an enforcement clause bringing the law into force the day after it is published in the Official Gazette.

Agreement

The agreement itself runs to 16 articles and gives the Court the legal standing it needs to operate in Bahrain. It confirms the kingdom as host state and commits the government to helping the Court handle international disputes through arbitration, mediation, conciliation and commissions of inquiry. Bahrain is to provide office space, meeting rooms and secretariat services, with named contact points on each side to handle day-to-day coordination.

Waiver

The text grants the Court and its property immunity from legal proceedings, except where the Court makes an express waiver. Even in such cases, the waiver does not extend to enforcement measures. Official communications are protected, and the Court may use codes, couriers and sealed pouches which enjoy the same protections as diplomatic mail. Court staff and arbitrators are, in general, to enjoy the same privileges and immunities Bahrain grants to experts working for the United Nations under the 1946 UN convention.

Immunity

These include immunity from legal action for spoken or written words and acts carried out in the course of their duties, the inviolability of papers and documents, and freedom from national service duties and certain immigration rules for them and their families.

Bahraini nationals working in this capacity receive a narrower range of protections, limited to functional immunity and related guarantees linked directly to their work on the Court’s cases. Government employees assigned by Bahrain to help run hearings or meetings in the kingdom are given immunity from legal proceedings in relation to words spoken or written and acts carried out in their official role, with this protection continuing after their tasks for the Court come to an end.

Position

A separate article deals with the position of participants in proceedings, including parties, witnesses, experts and agents, and sets out the protections they need to carry out their role. The agreement stresses that these protections are granted to keep the Court’s work running properly rather than to offer personal advantage. Immunities start from the moment of appointment, whether or not the person is in Bahrain. The competent authority is required to waive immunity if it concludes that keeping it in place would obstruct justice, provided the Court’s interests and procedures are not harmed.

Interference

Individuals covered by the agreement must abide by Bahraini laws and regulations and avoid interference in internal affairs. The Secretary-General of the Court is responsible for preventing misuse of privileges and immunities. If there is misuse, the government is to consult the Secretary-General and may, where needed, ask those involved to leave Bahrain.