These model clauses are intended as guidance for contracting parties who wish to refer to the Bahrain International Commercial Court (the BICC) any dispute of an international and commercial nature or any application relating to arbitration matters, as defined in Bahraini Legislative Decree No. 9 of 2024. They do not constitute and may not be relied upon as legal advice, which should be sought separately by the parties. The model clauses may be supplemented or modified to reflect any specific requirements that the parties may have.
A. Submission to the jurisdiction of the BICC before a dispute arises
Each party to this contract irrevocably submits to the exclusive jurisdiction of the Bahrain International Commercial Court (the BICC) all disputes arising out of or in connection with this contract, including any question relating to its existence, validity or termination.
The proceedings before the BICC shall be subject to and conducted in accordance with the BICC Procedural Rules in force at the date on which the dispute is referred to the BICC.
The governing law of the contract shall be the substantive law of [ ].
The language of the proceedings shall be [ ].
B. Submission to the jurisdiction of the BICC after a dispute has arisen
A dispute having arisen between the parties concerning [define dispute] (the Dispute), each party hereby irrevocably submits the Dispute to the exclusive jurisdiction of the Bahrain International Commercial Court (the BICC).
The proceedings before the BICC shall be subject to and conducted in accordance with the BICC Procedural Rules in force at the date on which the dispute is referred to the BICC.
The governing law of the contract shall be the substantive law of [ ].
The language of the proceedings shall be [ ].
C. Multi-tiered dispute resolution procedure, before a dispute arises
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination (the Dispute) shall first be referred to the [Bahrain Chamber for Dispute Resolution (the BCDR)] for mediation in accordance with the [Bahrain Chamber for Dispute Resolution Mediation Rules] in force at the date on which the Dispute is referred to [the BCDR].
If the Dispute cannot be resolved through mediation within [8 weeks] after commencement of the mediation, or within such other period as may be agreed by the parties, the parties shall submit the Dispute to the exclusive jurisdiction of the Bahrain International Commercial Court (the BICC).
The proceedings before the BICC shall be subject to and conducted in accordance with the BICC Procedural Rules in force at the date on which the dispute is referred to the BICC.
The governing law of the contract shall be the substantive law of [ ].
The language of the proceedings shall be [ ].
D. Multi-tiered dispute resolution procedure after a dispute has arisen
A dispute having arisen between the parties concerning [define dispute] (the Dispute), the parties agree that the Dispute shall first be referred to the [Bahrain Chamber for Dispute Resolution (the BCDR)] for mediation in accordance with the [Bahrain Chamber for Dispute Resolution Mediation Rules] in force at the date on which the Dispute is referred to [the BCDR].
If the Dispute cannot be resolved through mediation within [8 weeks] after commencement of the mediation, or within such other period as may be agreed by the parties, the parties shall submit the Dispute to the exclusive jurisdiction of the Bahrain International Commercial Court (the BICC).
The proceedings before the BICC shall be subject to and conducted in accordance with the BICC Procedural Rules in force at the date on which the dispute is referred to the BICC.
The governing law of the contract shall be the substantive law of [ ].
The language of the proceedings shall be [ ].
E. Designation of the Bahrain International Commercial Court as the Competent Court under Bahraini Arbitration Law No. 9 of 2015
Where Bahrain is the designated seat of arbitration, this clause may be included in the contractual arbitration agreement, or it may be adopted as a supplementary agreement after a dispute has arisen, including during the course of arbitration proceedings.
The Bahrain International Commercial Court (the BICC) shall have exclusive jurisdiction as the competent supervisory court for all matters arising under Bahraini Arbitration Law No. 9 of 2015, including applications relating to the constitution of the arbitral tribunal, interim measures, challenges, and recognition of awards. The proceedings before the BICC shall be subject to and conducted in accordance with the BICC Procedural Rules in force at the date on which an application is made to the BICC.