Guide to Regional Arbitration (volume 9 - 2021)

Bahrain Chamber for Dispute Resolution (BCDR)

Bahrain Chamber for Dispute Resolution (BCDR)

Professional notice

Website: www.bcdr-aaa.org

 

Background

The Bahrain Chamber for Dispute Resolution (BCDR) was established by Bahrain Legislative Decree No. 30 of 2009, as amended by Legislative Decree No. 64 of 2014, and operates in partnership with the American Arbitration Association (AAA).

BCDR has two distinct and separate components: a specialised court (the BCDR Court) and an international arbitration and mediation center (BCDR-AAA).

Structure

BCDR has a casework secretariat, overseen by a board of trustees. The board comprises eight members and is chaired by Sheikha Haya Bint Rashed Al-Khalifa, a former president of the UN General Assembly. The secretariat is headed by the CEO, Professor Nassib G Ziadé, and includes a chief registrar and other ADR specialists. Professor Ziadé has served as CEO since 2013, and Ahmed Husain as chief registrar since 2010.

BCDR has a casework secretariat, overseen by a board of trustees. The board comprises eight members and is chaired by Sheikha Haya Bint Rashed Al-Khalifa, a former president of the UN General Assembly. The secretariat is headed by the CEO, Professor Nassib G Ziadé, and includes a chief registrar and other ADR specialists. Professor Ziadé has served as CEO since 2013, and Ahmed Husain as chief registrar since 2010.

Features

The BCDR Court has jurisdiction over disputes falling originally within the jurisdiction of the Bahraini courts, where the claim exceeds 500,000 Bahraini dinars (about US$ 1.3 million) and at least one party is a financial institution licensed by the Central Bank of Bahrain, or the dispute is of an international commercial nature.

BCDR-AAA is an international arbitration and mediation center with jurisdiction over disputes with respect to which the parties have agreed in writing that the BCDR-AAA Arbitration or Mediation Rules shall apply, or that BCDR-AAA should administer the arbitration or mediation under non-institutional rules or procedures.

BCDR-AAA is an international arbitration and mediation center with jurisdiction over disputes with respect to which the parties have agreed in writing that the BCDR-AAA Arbitration or Mediation Rules shall apply, or that BCDR-AAA should administer the arbitration or mediation under non-institutional rules or procedures.

BCDR-AAA’s current Arbitration Rules and Mediation Rules came into effect in 2017 and 2019, respectively, and are available in English, Arabic and French. Both sets of rules have introduced new features that enhance procedure and time and cost efficiency of arbitration and mediation; new and more accessible fee schedules; and new model clauses.

Facilities and services

BCDR’s purpose-built facilities include state-of-the-art hearing and meeting rooms, breakout rooms for arbitrators, mediators and parties, translation booths and equipment, digital audio/video recording, videoconferencing and on-site technical support.

These facilities are used not only for BCDR hearings, but also for ad hoc arbitration and mediation proceedings (including those conducted under the UNCITRAL Rules), for seminars, meetings and other outreach events.

Outreach

BCDR views training and education as an integral part of its mission and holds training sessions and workshops on arbitration and mediation for judges, lawyers, in-house counsel, experts and other professionals. It also supports the training of law students interested in international commercial arbitration, having organised and hosted, since 2011, the Middle East Pre-Moot prior to the Willem C Vis International Commercial Arbitration Moot, in collaboration with the US Commercial Law Development Program.

BCDR regularly organises international arbitration and mediation conferences, bringing together leading regional and international dispute resolution practitioners, academics and policymakers.

BCDR also participates, on behalf of the Kingdom of Bahrain, in the working sessions of the UNCITRAL Working Groups. It has drafted Bahrain’s official submissions to Working Group II, on Expedited Arbitration, and Working Group III, on Investor-State Dispute Settlement Reform.

Publications

BCDR produces a biannual scholarly law journal, the BCDR International Arbitration Review,with articles and case decisions in both Arabic and English – each issue focusing on a specific topic that is current and relevant to the Arab region. Topics have included the recognition and enforcement of foreign arbitral awards in the Arab states of the Gulf, women’s voices in international arbitration, arbitration in Egypt, international investment arbitration in the Middle East, construction arbitration in the Middle East, third-party funding in international arbitration and conflicts of interest in international arbitration.

In addition to the Review, BCDR has launched a series of publications honouring Arab scholars and practitioners who have promoted international arbitration and international law.

Future initiatives

BCDR-AAA is currently preparing new rules specifically for investment arbitration, as well as rules for the administration of ad hoc arbitration. Also, in line with its practice of constantly monitoring the application of its rules to ensure that they keep abreast of developments in the field, BCDR is reviewing its commercial arbitration rules in preparation for the next edition.

 Suite 301 (3rd Floor), Park Plaza
Bldg 247 Road 1704, Diplomatic Area 317, PO Box 20006
Manama, Kingdom of Bahrain

Tel: +973 17 511 311
Fax: +973 17 511 300
Email: [email protected]
Web: www.bcdr-aaa.org

Nassib G Ziade
Nassib G Ziadé
Chief Executive Officer

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