BCDR adds mediation step for construction disputes

TDT | Manama

Email: mail@newsofbahrain.com

Building, mechanical and electrical works disputes before the Bahrain Chamber for Dispute Resolution will face new filing, reply and mediation rules under a 2026 order issued by the Justice, Islamic Affairs and Waqf Ministry.

Justice, Islamic Affairs and Waqf Minister Nawaf bin Mohammed Al Maawda issued Decision No. 45 of 2026, amending the chamber’s dispute rules for cases heard under Decree-Law No. 30 of 2009 on economic, financial and investment disputes.

The order requires claimants in building contract cases, as well as mechanical and electrical works cases, to file a detailed schedule of claims when lodging a case.

That schedule must list the claimant’s demands and include a technical opinion from a specialist in building, mechanical, electrical or accounting matters, as the case requires.

Defendants must answer the schedule of claims within two weeks of being served.

The order also introduces a new case path for such disputes.

Once the case manager receives the schedule of claims and the defendant’s answer, the file must go to a delegated judge. The judge will look at any formal defence raised by the defendant, including claims over the chamber’s power to hear the case, legal standing, or an argument that the dispute has already been ruled on.

If the judge finds, from the papers, that the defence appears serious, the case will proceed under the chamber’s ordinary rules. The same will apply if the parties had already tried mediation before filing the case and failed to reach a deal.

In other cases, the judge will send the dispute to mediation. The judge’s order will be final.

The parties will then have five working days from being notified of the mediation order to agree on a mediator. If they do not agree within that time, the case manager must ask the registrar to name a mediator from the approved lists.

The parties may object to a mediator named by the registrar, but must give reasons and do so within three days of being told the mediator’s name.

The delegated judge may reject the objection, ask the parties to agree on one of three names put before them at the same hearing, or name a mediator from the approved lists. The judge’s decision will be final.

Mediation will last 30 working days from the date the mediator is agreed, named by the registrar, or appointed by the judge. The period may be renewed for like periods on a reasoned request by the parties or mediator, with the judge’s approval, but the whole mediation period must not exceed 90 working days.