A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Kingdom of Bahrain.

2. Date of entry into force of the New York Convention

5 July 1988.

The Convention was transposed into domestic law on 17 Mar. 1988.

(Source: Legislative Decree No. 4 of 1988.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity?

Yes. Bahrain applies the Convention on a reciprocal basis and does not recognize or enforce any arbitration awards except those issued in another Contracting State.

(b) commercial relationships?

Yes. Bahrain applies the Convention only to disputes arising from contractual and non-contractual legal relationship that are considered as commercial under the national law of Bahrain.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

There are no awards rendered in Bahrain which are not considered as domestic.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

Arbitration Law No. 9/2015, which incorporates the UNCITRAL Model Law 1985 (with 2006 Amendments) into Bahrein Law.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

There is no clear case law in Bahrain specifying the limitation period applicable to recognition and enforcement of foreign awards.

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

N/A.

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

High Civil Court.

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of the respondent in the jurisdiction, etc.)?

None.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision may be obtained through ex parte or inter partes proceedings, as required by the High Civil Court and in accordance with the UNCITRAL Model Law.

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

No.

(b) How many levels of appeal or recourse are available against this decision?

N/A.

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

Execution against assets may be obtained following approval of the enforcement by the High Civil Court.

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing the arbitration clause, affidavits, witness statements, etc.)?

The following evidence must be supplied: (i) the award and (ii) the arbitration agreement.

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only the arbitration clause)?

It is necessary to provide the award in its entirety, the whole arbitration agreement or contract containing such agreement.

(c) Are originals or duly certified copies required?

An original or a certified copy of the award must be filed.

(d) How many originals or duly certified copies are required?

One original or certified copy of the award.

(e) Does the authority or court keep the originals that are filed?

Yes.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes.

(Source: UNITRAL Model Law, Art. 35(2).)

(b) If yes, into what language?

Arabic.

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

Yes, by a notary public or a diplomatic or consular agent of Bahrain or any official translator.

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only the part setting forth the decisions; entire contract or only the arbitration clause)?

It is necessary to provide a translation of the (i) entire award and (ii) the entire arbitration agreement or contract containing such agreement.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

Yes.

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

No other grounds than those provided in the UNCITRAL Model Law.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

The granting of a stay may be made conditional on the provision of security (at the discretion of the Court).

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

The arbitral award and the arbitration clause as filed do not form part of the public record, but court proceedings are public.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

Hearings in inter partes proceedings are generally public and not confidential. No steps can be taken to maintain the confidentiality of the legal proceedings.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business secrets or State secrets)?

Judgments on recognition and enforcement are not published.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

It is possible to obtain recognition and enforcement in Bahrain of interim and partial decisions made by arbitrators, provided they relate to the merits of the dispute, jurisdiction, or the termination of the proceedings.

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. an order requiring a party to deliver up share certificates or other property)?

It is possible to obtain recognition and enforcement in Bahrain of foreign awards granting non-monetary relief.

18. When, if ever, can a party obtain recognition and enforcement of only a part of the relief granted in foreign awards?

Generally, the judge may grant or deny recognition and enforcement of the whole of an award only.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

Bahrain legislation does not specify whether a foreign award that has been set aside by a competent authority may be recognized and enforced. Generally, if the award has been set aside, the party against whom enforcement is sought can ask the court to refuse recognition, and such an application is likely to be accepted.

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

For recognition, the fee is minimal, but for enforcement proceedings the fees to be paid are set in line with the court fees Law (i.e. 1% of the value of the award). There are no taxes or duties to be paid for this purpose.

(Source: Judicial fees Law no. 3/1973 as amended.)

Country Rapporteur: Rashid A.R. Ebrahim