Hassan Al -Sitry
The Legislative and Legal Affairs Committee of the House of Representatives, Decree of Law No. (9) of 2024, approved the Bahrain International Commercial Court, which includes the establishment of a special court to resolve international commercial disputes; The Kingdom of Bahrain will be an international center to resolve these disputes.
For its part, the Financial and Economic Affairs Committee stressed the importance of the decree of a law, as it will contribute to the Kingdom’s position on the international map as an international center to settle international commercial disputes, but achieving this important international achievement will require the provision of appropriate financial and administrative arrangements in order to ensure the speed and quality of implementation.
The committee referred to the consulting service agreement that was signed in March 2024, which extends for a full year that can be extended for an additional three months as a precautionary measure; With the aim of providing support in everything related to the actions of the court, whether in terms of formulating the necessary legislation, promotion, business development, or training of employees on operations, in addition to the observations of the committee’s economic advisor, in addition to the comments the economic advisor of the committee.
The Ministry of Justice, Islamic Affairs and Endowments agreed with what was stated in the explanatory memorandum accompanying the decree by law; To contribute to enhancing the Kingdom’s position as a center for settling disputes by selecting parties according to the best global practices, in cooperation with the leading commercial courts, in addition to its contribution to the Kingdom’s position in the forefront of countries as an international center to resolve international trade disputes, and enhance competitiveness in attracting investments.
As for the Ministry of Legal Affairs, the reasons for the conclusion of the agreement are mentioned, which is to enhance confidence in the Kingdom as a site to resolve international trade disputes in accordance with international standards, best global practices, and allow flexible options to resolve conflicts in terms of language, laws of application, and the mechanisms of appeal, achieve the Kingdom of Bahrain Economic Vision 2030, and harmony with the tendency of many countries around the world to establish international commercial courts, and benefit from digital experiences And the advanced judiciary in Singapore.
She pointed out that the ruling or decision issued in the appeal considered by the competent authority in the Republic of Singapore will not be binding or effective until after it was re -released by the Bahrain International Commercial Court in accordance with (for Article 9 of the Convention), and after ensuring that it does not include what violates the public order in the Kingdom of Bahrain.
She pointed out that there is no conflict in the specializations between the dispute settlement room and the court, while confirming the existence of integration between the two sides, which will contribute to strengthening Bahrain’s position as a leading legal destination.
She explained that the rulings issued by the court are considered as rulings issued by a competent authority in the Kingdom, and are covered by the accelerated access without a bail, taking into account the privacy of the court by determining some of the provisions related to implementation.
She stated that the decree allows non -Bahraini lawyers to participate with one of the Bahraini lawyers met before the Court of Cassation in disputes that are considered in the Arabic language, which achieves the strategic and legal goals of the Kingdom, and reflects the openness of the Bahraini judicial system to the international community, and encourages foreign companies to resort to Bahrain to resolve their conflicts.
As for the Bahraini Lawyers Association, it saw the need to leave the estimate of the issuance of the decree of a law to the council in the event of its inclusion for requests that require urgent measures that cannot be delayed, and that the text of Article (17) is applied by the ambiguity that is not straightforward with procedural legislation, and it is better to stipulate that the appeal before the appellate body in the contracting state is an exception under a special agreement for the parties, instead of making it original.
She pointed out that Article (18b) did not include the indication of the right of Bahraini lawyers to appear before this court, nor to the schedule registered in it.
The association drew attention to Article (18/a), which includes that non -Bahraini lawyers must be involved in a Bahraini lawyer met before the Court of Cassation when the opponents are represented in the cases that are considered in the Arabic language, and this was not required in the cases that are considered in other languages, while the non -Bahraini lawyer may be Gulf or Arab familiar with the laws of the Kingdom of Bahrain, especially the procedural ones, with his ability to deal with them without help, while that Laws that are considered in another language are likely to be represented by lawyers from non -Arab countries, which are in urgent need of the Bahraini lawyer.
The association also indicated that the jurisdiction of the court council is free of any authority granted to the council, whether by determining the table of lawyers met before the court, or setting the conditions that must be met in the non -Bahraini lawyer, such as its degree in the schedules of his country, or if it requires registration in the court’s records or not.
