Bahrain set to host permanent seat of Permanent Court of Arbitration

TDT | Manama

Email : editor@newsofbahrain.com

Parliament will soon discuss a draft law to ratify a host country agreement with the Permanent Court of Arbitration (PCA), paving the way for a permanent seat in Bahrain.

The agreement defines the Court’s role in handling international disputes through arbitration, mediation, conciliation, and commissions of inquiry, and establishes the privileges and immunities of all participants.

Spanning 16 articles and a preamble, the agreement gives the PCA full legal capacity in Bahrain and obliges the Kingdom to provide premises and secretariat support. Liaison points on both sides will manage the agreement.

The Court and its property are immune from legal action unless it expressly waives the protection. Official correspondence remains confidential, and the Court can use codes and diplomatic bags.

Court personnel and arbitrators receive similar privileges to UN experts, including protection from legal action for acts in PCA proceedings, exemptions from national service and immigration rules, and rights for their families. These immunities also extend to government employees involved in PCA proceedings and to witnesses, experts, and agents while performing their duties.

All beneficiaries of immunity must still obey Bahraini law. The PCA Secretary-General can take steps, in consultation with the government, to prevent misuse, including asking offenders to leave the country. Bahrain will also ensure security for PCA proceedings and participants.

Other provisions cover entry, stay, visas, and freedom of movement for Court personnel, arbitrators, their families, and other participants, while encouraging regional cooperation and the use of the Court’s services by neighbouring states.

The agreement clarifies that Bahrain is not internationally responsible for the Court or its personnel acting within their functions, except as allowed under the 1907 Convention for the Pacific Settlement of International Disputes. Any disputes over the agreement would first be negotiated and, if unresolved, referred to arbitration before a sole arbitrator appointed by the ICJ President.