HM The King ratifies arbitration law

Manama

His Majesty King Hamad bin Isa Al Khalifa ratified and issued law (9) for 2015 on the promulgation of the law on arbitration.

Article 1

Taking into account the provisions of international conventions in force in the Kingdom:

1.  The provisions of the " UNCITRAL " Model Law on International Commercial Arbitration Act attached to this law shall apply to all arbitration whatever the nature of the legal relationship of the dispute herewith, if this arbitration takes place in the Kingdom of Bahrain or abroad and that two parties agreed to comply with the provisions of the attached law . 

2. The provisions of the attached law shall apply to all arbitration which begins after its entry into force even if based on an arbitration agreement concluded before the entry into force of this law.

Article 2

1. The provisions of paragraph ( 1 ) of Article ( 1) of the attached law shall not prejudice the application of its provisions on all arbitration, whatever the nature of the legal relationship of the parties to the arbitration agreement.

2. The international Source shall be taken into account in interpreting the provisions of the attached law contained in Article (2- A) of it , in case of an international commercial arbitration

Article 3 

The High Civil Court shall perform the functions referred to in Article (6) of this attached law.

Article 4

The definition of the arbitration agreement and its form shall be made in accordance with the first option provided for in Article (7) of the attached law .

Article 5

Charges levied on applications related to the recognition of arbitral awards and requests for implementation and cancellation requests shall be subject to the provisions of the attached law to the rules on imposing judicial fees stipulated in the law on judicial fees.

Article 6

Non-Bahraini lawyers shall be authorized to represent the two parties to the dispute in case the international trade arbitration is held in the Kingdom of Bahrain.

Article 7 

Any arbitrator appointed on the basis of the provisions of the attached law shall not be held accountable for any act or omission when carrying out his duties unless it was done in bad faith or was the result of a serious error; and this provision applies to employees of the arbitrator or authorized by him to undertake some of the work associated with the tasks entrusted to him without prejudice to the responsibility if the arbitrator steps down without serious reason or at the wrong time

Article 8 

The 7th clause on arbitration, the article (253) of the Civil and Commercial Procedures Law promulgated by law-decree (12) for 1971 and the International Commercial Arbitration Act issued by decree (9) for 1994 shall be abrogated.