The Court of Cassation issued its second judgment upholding an arbitral award issued under the Bahrain Chamber for Dispute Resolution Arbitration Rules (BCDR)

الرئيسية |

The Court's decision establishes that terms of reference in arbitration procedures serve to supplement, rather than replace, the original agreement unless explicitly stated otherwise. Furthermore, it clarifies that Bahraini Evidence Law does not constitute a matter of public policy. The appeal brought before the Court of Cassation sought to annul an arbitral award concerning a property management dispute. The dispute arose between two companies regarding the management of commercial property, where the appellant was alleged to have breached its responsibilities under the property management agreement. The appellant challenged the award, arguing that the tribunal exceeded its jurisdiction and violated Bahrain’s public policy. Upon review, the Court of Cassation concluded that the arbitral tribunal’s award was within the scope of the arbitration agreement. The Court further asserted that adhering to mutually agreed upon evidentiary procedures, even when they differ from Bahraini evidence law, does not constitute a violation of Barain’s public policy. The decision affirms the Court of Cassation’s established principle that arbitration serves as a parallel path to the judiciary, integral to Bahrain's dispute resolution landscape. The Court of Cassation tribunal that issued this judgement comprised Judge Shaikh Khalid bin Ali Al Khalifa, Judge Khalid Hassan Ajaji and Judge Tarek Omran