NEWS
Organized by the College of Law in cooperation with the Bahrain Chamber of Dispute Resolution Participants in the “University of Bahrain Arbitration Day” Forum Recommend Legislative Amendments in Arbitration
Sakhir – University of Bahrain – Mansoor Alwanni
7 January 2023
Experts and academics in the field of arbitration recommended the Bahraini legislator “add a text to the Bahraini Arbitration Law, including the identification of issues in which arbitration is not permissible.” Participants in the “University of Bahrain Arbitration Day” forum, organized by the College of Law in cooperation with the Bahrain Chamber of Dispute Resolution (BCDR), at the university’s headquarters, stressed “benefiting from the experiences of some Arab countries, and the need to intervene to resolve the issue of dispute over arbitrators’ fees in free arbitration, through a text that ensures a balance between the interests of arbitrators and the interests of parties to the dispute.”
During the forum sessions, participants also urged adding a text specifying a way to challenge the court’s decision to implement the arbitration award or refuse to implement it, and recommended adding a text to the Bahraini Arbitration Law, which stipulates the invalidity of the arbitration clause contained in low-value consumer contracts, and to add a detailed text in the arbitration law, imposing an obligation of confidentiality on the parties to the dispute, arbitrators and all participants in the arbitration process. Another provision allows the parties to the dispute to appeal the arbitration award to the Court of Cassation in case of violation of the law.
Participants in the discussion also considered “adding a paragraph to Article (15) of the Arbitration Law to determine a clear fate for the arbitration procedures prior to the replacement of the arbitrator.”
The participants in three sessions proposed several amendments to the Arbitration Law, namely: “Amending the text of paragraph (2) of Article (13) of the Arbitration Law by adding a maximum time limit for the arbitrator to be challenged to take the decision to step down. As well as adding a maximum time limit for the arbitral tribunal to decide on the notice of challenge in the event that the arbitrator does not step down, and amending the text of paragraph (2) of Article (13) by adding a maximum time limit during which the court issues its judgment on the notice of challenge to the arbitrator, provided that the arbitration proceedings are suspended until the issuance of this award.
The Dean of the College of Law, Dr. Salah Mohammed Ahmed, commenced the “University of Bahrain Arbitration Day” forum on Tuesday (January 3, 2023), with a speech in which he welcomed the attendees. He said: “This forum represents one of the most significant results of the community partnership between the University of Bahrain – as the home of national expertise – and the various community institutions in the public and private sectors.”
Dr. Ahmed explained “this forum started from the idea of meeting a group of legal and judicial experts and lawyers, and presenting everything new in arbitration topics, stating the position of the Bahraini Arbitration Law No. 9/2015, evaluating free and institutional arbitration procedures, and the problematics of implementing the arbitration award.”
Dr. Ahmed pointed out that the Corona pandemic and the health challenges it imposed, and the serious economic and the recent social consequences experienced by societies, made us witness new legal problems that were not known or raised before. These problems require innovative solutions at the legal and judicial levels, including issues relating to arbitration and dispute settlement methods, which underscores that the law is a living being (in a hypothetical sense) influenced and interacting with society’s issues, changing and evolving to keep pace with general environment of this era and reacts to events. ”
Ahmed Hussein, the Forum Sponsor and Acting Executive Director, Registrar General of Bahrain Chamber of Dispute Resolution, praised the cooperation with University of Bahrain and its role in serving the community, praising the efforts of the College of Law in spreading awareness on legal culture, and its keenness to establish such scientific forums and settings that contribute to the development and modernization of laws and legislations.
The forum discussed significant issues imposed by the changing reality and its challenges. Participants addressed these issues from a scientific point of view, and from legal and human rights perspectives in three sessions, the first session discussed: “The position of Bahraini Arbitration Law No. 9/2015 on the arbitration agreement”, the next session discussed “Evaluation of Free and Institutional Arbitration Procedures in the Kingdom of Bahrain”, and the third session discussed “Problems of Enforcement of the Arbitration Award in the Kingdom of Bahrain”.
The forum was hosted by: Director of the Institute of Judicial and Legal Studies at the Ministry of Justice, Judge Dr. Riyad Mohamed Siyadi, EDB Legal Advisor Dr. Jameel Al Alawi, Acting Chief Operating Officer and Registrar General of the Bahrain Chamber of Dispute Resolution Ahmed Hussain, Lawyer Ahmed Abdulrahman Al-Thukair from Ahmed Al-Thukair & Partners Law Firm, General Manager of Al Jabal Consultancy Mr. Ali Jabal, Associate Professor of Commercial Law at the College of Law Dr. Amal Kamel Abdullah, Assistant Professor of Commercial Law at the College of Law at the University of Bahrain Dr. Mohamed Saud Alenaze, and Assistant Professor of Commercial Law at the Faculty of Law, Dr. Manal Mohamed Al-Sayed.
The forum sessions were moderated by: Head of the Private Law Department at the College of Law, University of Bahrain, Dr. Wafa Yaqoob Janahi, Faculty Member and Legal Advisor to the General Secretariat of the Supreme Council for Women Dr. Muhammad Walid Al-Masri, and Director of the Quality Assurance and Academic Accreditation Office at the College of Law at the University of Bahrain, Dr. Wafa Jasim Alwafi.
