Table of Contents
A) The Court and its Jurisdiction
BICC is an independent dispute-resolution authority established in the Kingdom of Bahrain with its own legal personality, exercising jurisdiction through its President (and Deputy), its judges, and the Chief Registrar.
The Law's objectives include establishing Bahrain as a preferred center for international commercial dispute resolution and contributing to a transnational system of commercial justice.
The Law provides for the Court's jurisdiction over international commercial disputes, with definitions and criteria for what counts as "international" and "commercial." BICC also hears disputes related to any matter concerning arbitration, including matters related to interim measures, the appointment of the arbitral tribunal, challenge of arbitrators, setting aside or recognition of arbitral orders and awards
Parties confer jurisdiction by designating the BICC as the competent court for their disputes.
Parties may agree on the law applicable to the substance of the dispute; if they have not agreed, the Tribunal determines the applicable law.
Proceedings are conducted in English or Arabic as agreed by the parties; where there is no agreement, the Rules apply a default approach tied to the jurisdiction agreement (If the jurisdiction agreement is in a language other than English or Arabic, proceedings are conducted in English).
Proceedings are conducted and administered at the Court's premises, or at another suitable location in Bahrain if directed.
Proceedings may be conducted by electronic means.
B) Governance, Integrity, and Judicial Conduct
The Court is governed by the Court Council.
The Law provides that the Court Council issues Regulations setting out dispute-resolution rules and procedures (including filing, case management, mediation referral, and tribunal selection/appointment mechanisms).
The Code provides that judges may not act as representative, counsel, or advocate of any party in BICC proceedings while holding office as a BICC Judge.
The Rules state that no party or representative may have ex parte communications with the Tribunal, save in confined circumstances set in the Code.
The Court Council Bylaws include conflict disclosure and grounds of recusal pertaining to Council members.
C) Parties, Representation, and Lawyers
The Rules provide for representation by:
a. a Bahraini Lawyer or Representative in accordance with the applicable Bahraini Advocacy Law; or
b. in disputes that are conducted in the Arabic language, by a non-Bahraini Lawyer jointly with a Bahraini Lawyer licensed to appear before the Bahraini Court of Cassation; or
c. a non-Bahraini Lawyer in disputes conducted in a language other than Arabic.
The Law provides that non-Bahraini lawyers may represent parties jointly with a Bahraini lawyer licensed to appear before the Bahraini Court of Cassation in disputes conducted in Arabic.
Yes.
The Rules provide that lawyers may act before the Court once registered under the Court's regulations regarding the registration and code of conduct of lawyers.
Lawyers may be registered if they have at least five years' advocacy experience before a court/tribunal (any jurisdiction) and undertake to abide by the Code of Conduct in the Regulations.
The Regulations provide a complaints procedure and set out how concerns about breach may be handled.
D) Court Charges
A non-refundable filing charge of USD 5,000 is payable in all cases. In addition to Judicial Charges which are calculated on a time-spent basis to ensure proportionality and transparency. Time spent by each Judge or Deputed Judge in the conduct of the proceedings, including arbitration-related proceedings, is charged at a rate of USD 500 per hour. In-person hearings are charged at a rate of USD 4,000 for each full day.
E) Service, Time Limits, Hearings, and Procedure
The Rules permit service through various methods including electronic means that provide a record of transmission, set out deemed service rules, and allow the Tribunal/Deputed Judge to order an effective method to bring communications to a party's notice.
Hearings are public unless the Tribunal directs a private hearing on its own initiative or on a successful party application, including in light of any confidentiality order.
If a party has been duly notified, the Tribunal proceeds in that party's absence in the circumstances set out in the Rules.
The Rules provide that judgments are in writing, and judgments in written-procedure cases are transmitted electronically to the parties; signatures may be physical or electronic.
F) Interim Measures, Evidence, and Procedural Tools
The Rules provide that the Tribunal/Deputed Judge may stay proceedings in the circumstances and manner set out in the Rules.
The Rules contain provisions to that effect.
The Rules include emergency measures provisions, including how related orders may be appealed as stated in the Rules.
The Rules include provisions on joinder of additional parties.
The Rules provide that the Tribunal determines costs in an order or judgment, including which party pays and in what amount, and set out the process for claiming costs.
G) Settlement, Withdrawal, and Post-Judgment Steps
The Rules include a settlement mechanism, including how settlement is documented and how proceedings are terminated depending on the stage of the case.
The Rules provide for correction of judgments and include a specific appeal timing statement for judgments issued with corrections.
Orders and judgments are authenticated with the Court's seal, and certified copies may be obtained as provided in the Rules.
Yes. The Schedule of Charges sets a charge of USD 100 for certification or a certified copy.
H) Appeals and the Bahrain-Singapore Mechanism
The Rules distinguish between interim judgments/orders and final judgments, and specify what may be appealed and when, including limits and exceptions.
The Rules state that an appeal does not automatically stay enforcement unless a stay is ordered.
The Rules set out an application process and the conditions for ordering a stay (including risk of severe harm and evidence the judgment is likely to be overturned), and allow protective measures such as deposits/security.
The Rules include a pre-emptive application for stay of enforcement.
Appeals against merits judgments (issued in English) may be submitted to SICC, unless the parties have agreed to have the appeal heard by the BICC Appellate Tribunal.
The Rules define it as the treaty between Bahrain and Singapore on appeals from the BICC (with signature/adoption details as stated in the Rules' definitions).
The International Committee of the Singapore International Commercial Court is the competent judicial authority named by the Republic of Singapore, that will receive appeals made by Parties against judgments issued by the BICC in English.
The Rules provide that where an appellant must file an appeal directly with the International Committee pursuant to the Law and the International Agreement on Appeals, the rules and procedures of the International Committee apply to that appeal.
The Rules provide that the President submits the judgment/order received from the International Committee to an Appellate Tribunal of BICC for reissuance as a final Court decision.
Yes. The Schedule provides a charge of USD 100 for reissue by the Court of any order or judgment of the International Committee.
I) Arbitration-Related Matters
Parties to arbitrations seated in Bahrain may, by express written agreement, confer jurisdiction on the Court for arbitration-related matters under Bahrain's adoption of the UNCITRAL Model Law as stated in the Rules.
The model clauses include a clause designating the BICC as the competent court for arbitration-related matters where Bahrain is the seat.
The Rules include applications for taking evidence and interim measures in arbitration-related matters.
The Rules include a procedure for appointment of an arbitrator.
The Rules include a challenge procedure.
The Rules include a procedure for failure or impossibility to act and termination-related steps.
The Rules include a determination of jurisdiction procedure.
The Rules state that a setting-aside application must be made within three (3) months from the relevant triggering date described in the Rules.
The Rules provide that the Court recognises an arbitral award as binding irrespective of where it was rendered and may certify it as enforceable on written application, subject to the Rules' framework.
The Rules include recognition of interim measures.
A non-refundable filing charge of USD 5,000 is payable in all cases. In addition to Judicial Charges which are calculated on a time-spent basis to ensure proportionality and transparency. Time spent by each Judge or Deputed Judge in the conduct of the proceedings, including arbitration-related proceedings, is charged at a rate of USD 500 per hour. In-person hearings are charged at a rate of USD 4,000 for each full day.