Local affairs editor
In its next session, the Shura Council will discuss a decree law ratifying a number of international treaties and agreements related to judicial affairs.
The decree law, which was discussed and approved by the Legislative and Legal Affairs Committee, which bears No. (8) of 2024, stipulates the ratification and approval of joining a number of international treaties and agreements related to judicial affairs.
The decree law includes four treaties, including the Treaty on Taking Evidence Abroad in Civil or Commercial Matters, which was concluded in The Hague on March 18, 1970. Its goal is to facilitate letters requesting the taking of evidence abroad and their implementation, and to improve mutual judicial cooperation in civil or commercial matters.
In this agreement, the Kingdom of Bahrain used its legal right to express a reservation regarding its acceptance only of letters of request written in or translated into English, for the purposes of applying the second paragraph of Article (4) of the treaty, in addition to the reservation regarding the complete exclusion of the application of Chapter Two of the treaty, which includes Articles (15) to (22), which relates to the taking of evidence by diplomatic officials, consular agents, and authorized persons.
It ensures the unification of the rules regulating the exchange of evidence, consolidating recognition of cross-border judgments and agreements, and enabling amicable settlements to have international effect, while establishing a flexible appeal mechanism of an international nature for the rulings of the Bahrain International Commercial Court, which enhances the confidence of investors and dealers, and consolidates Bahrain’s position as a leading center for settling international commercial disputes.
The second relates to the Treaty on Choice of Court Agreements, which was concluded in The Hague on June 30, 2005, and aims to enhance judicial cooperation in order to support trade and investment, by applying unified rules regarding jurisdiction and the recognition and implementation of foreign judgments in civil and commercial matters, given that enhanced judicial cooperation requires in particular an international legal system that provides confidence and guarantees the effectiveness of exclusive choice of court agreements between parties to commercial transactions. It governs the recognition and implementation of judgments issued in lawsuits based on these agreements.
As for the third, it concerns the United Nations Convention on International Settlement Agreements Emerging from Mediation (December 20, 2018), which expands the use of mediation to settle disputes in accordance with modern international trends, through international settlement agreements emerging from mediation, which complete the legal framework regarding international mediation, and work to establish harmonious international economic relations, which limits the cases in which the dispute leads to the end of the relationship. Trade, facilitates international commercial transactions, and provides more areas for achieving justice.
The fourth is the agreement between the government of the Kingdom of Bahrain and the government of Singapore regarding the appeal of rulings issued by the Bahrain International Commercial Court, signed on March 10, 2024, in order to enhance judicial cooperation between the Kingdom of Bahrain and the Republic of Singapore, through the establishment of the “Bahrain International Commercial Court” similar to the Singapore International Commercial Court, to hear disputes related to international commercial matters in Bahrain, which provides a flexible appeal path of an international nature, with Ensuring that the appeal judgment is reissued within the Kingdom of Bahrain to verify that it does not violate public order there, which combines international openness and the protection of judicial sovereignty.
The committee confirmed that it studied the treaties and agreements, which represent part of a more comprehensive strategic vision that aims to make the Kingdom of Bahrain an advanced financial, commercial and judicial center at the regional and international levels. This step also stimulates regional and international companies to make Bahrain a headquarters for their business, and enhances the position and attractiveness of the Kingdom of Bahrain as a global destination for resolving international commercial disputes.
The committee noted that unifying procedural rules related to collecting evidence, implementing foreign judgments, and friendly settlements enhances the confidence of international investors and global financial institutions in the soundness of the Bahraini legal structure. The investor is looking for legal certainty that guarantees him the speedy resolution of his disputes and the possibility of enforcing his rights without obstacles, and the present decree law comes to reduce legal and commercial risks.
The decree-law preserves the essential elements of legal sovereignty through the reservations contained in the treaty on taking evidence abroad, and the mechanism for re-issuing rulings within the Kingdom of Bahrain before their implementation. These guarantees confirm that judicial openness did not come at the expense of national identity or legal sovereignty, but rather came in a balanced and thoughtful manner.
Cooperation with the Republic of Singapore in the field of appeals of judgments opens the door wide to benefit from advanced digital and judicial expertise in Singapore, including the use of artificial intelligence in managing cases and conducting hearings remotely. It also allows the Kingdom of Bahrain to exchange experiences and learn about Singapore’s successful experiences in the areas of managing commercial cases and implementing international judgments, which strengthens the legislative structure in Bahrain, and this would enhance It reflects positively on developing the capabilities of Bahraini national cadres, through their adoption of the latest global practices in cross-border commercial justice.
