A royal decree ratifying Bahrain’s accession to a set of landmark international treaties on judicial co-operation – a legislative step seen as essential for the official establishment of the Bahrain International Commercial Court (BICC) – is scheduled for debate on Sunday.
Shura Council legislative and legal affairs committee chairwoman Dalal Al Zayed said the decree-law issued by His Majesty King Hamad during last year’s National Assembly recess “forms a solid legal pillar for Bahrain’s emerging role as a regional and global centre for international commercial dispute resolution”.
“This decree strengthens judicial co-operation, promotes investor confidence and ensures that Bahrain’s new international court operates on globally recognised legal principles,” she said.
The decree approves Bahrain’s accession to four major conventions:
- The 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, with Bahrain making reservations to accept only requests in English and to exclude provisions on evidence collection by diplomatic or consular agents.
- The 2005 Hague Convention on Choice of Court Agreements, which unifies rules on jurisdiction and recognition of foreign judgments to support cross-border commerce.
- The UN Convention on International Settlement Agreements Resulting from Mediation (2018), known as the Singapore Convention on Mediation, encouraging the use of mediation to resolve international business disputes.
- The bilateral agreement between Bahrain and Singapore on appeals from the Bahrain International Commercial Court, signed in March 2024, which allows for a flexible international appeal mechanism while maintaining Bahrain’s judicial sovereignty.
Ms Al Zayed said that the treaties “provide the legal instruments required for the Bahrain International Commercial Court to function effectively, allowing it to handle transnational disputes with efficiency, enforceability, and transparency”.
According to the committee’s report, the decree will establish the legislative framework for the new court’s operations; enhance Bahrain’s global standing as a trusted venue for international arbitration and litigation, in line with Bahrain’s Economic Vision 2030; bolster investor confidence, ensuring uniform rules for evidence collection, enforcement of judgments, and recognition of mediated settlements; preserve national sovereignty through legal safeguards, such as Bahrain’s reservations under the Hague Convention and the requirement for reissuance of foreign judgments within the kingdom before enforcement; and promote knowledge transfer by enabling co-operation with Singapore, particularly in digital court management, artificial intelligence use in case handling, and virtual hearings.
“This co-operation opens the door for Bahrain to benefit from Singapore’s advanced judicial technologies and management practices,” Ms Al Zayed said.
“It will also help train Bahraini legal professionals and modernise our judicial infrastructure in line with international best practices.”
The committee recommended full approval of the royal decree.
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