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2011 Bahrain Country Commercial Guide - US - Export.gov

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The GCC <strong>Commercial</strong> Arbitration Center, established in 1995, serves as a regional<br />

specialized body providing arbitration services. It assists in resolving disputes between<br />

GCC countries or between other parties and GCC countries. The Center implements<br />

rules and regulations in line with accepted international practice. Thus far, few cases<br />

have been brought to arbitration. The Center conducts seminars, symposia, and<br />

workshops to help educate and update its members of any new arbitration related<br />

matters. The Center's contact details are:<br />

GCC <strong>Commercial</strong> Arbitration Center<br />

P.O. Box 2338<br />

Manama, Kingdom of <strong>Bahrain</strong><br />

Tel: + (973) 17-214-800<br />

Fax: + (973) 17-214-500<br />

Email: arbit395@batelco.com.bh<br />

The independent <strong>Bahrain</strong> Chamber for Dispute Resolution (BCDR) was established in<br />

May 2010. The BCDR was established in partnership with the America Arbitration<br />

Association (AAA), and aims to provide services to a global audience. Their contact<br />

details are:<br />

<strong>Bahrain</strong> Chamber for Dispute Resolution<br />

Suite 401, Park Plaza<br />

Bldg 247, Road 1704<br />

P.O. Box 20006<br />

Manama, Kingdom of <strong>Bahrain</strong><br />

Tel: + (973) 17-511-311<br />

Website: www.bcdr-aaa.org<br />

Arbitration procedures are largely a contractual matter. Disputes are historically referred<br />

to an arbitration body as specified in the contract, or to the local courts. Increasingly,<br />

<strong>Bahrain</strong>i companies, in dealings with both local and foreign firms, include arbitration<br />

procedures in their contracts. Most commercial disputes are resolved privately without<br />

recourse to the courts or formal arbitration. <strong>Bahrain</strong>i law is generally specified in all<br />

contracts for the settlement of disputes that reach the stage of formal resolution, but is<br />

optional in those designating the BCDR. <strong>Bahrain</strong>i court proceedings can be lengthy and<br />

complex, and often take years to resolve disputes. Local legal counsel is strongly<br />

recommended. Foreigners involved in a legal dispute should be prepared for a courtimposed<br />

travel ban.<br />

The guidelines laid down by the International Chamber of Commerce (ICC) in Paris are<br />

generally respected, and disputes have been occasionally referred to arbitration at the<br />

ICC in Paris. <strong>Bahrain</strong> is a signatory to the New York Convention of 1958 on the<br />

Recognition and Enforcement of Foreign Arbitration Awards.<br />

Performance Requirements and Incentives Return to top<br />

There are no special performance requirements imposed on foreign investors. This is<br />

reinforced by the U.S. - <strong>Bahrain</strong>i BIT, which forbids mandated performance requirements<br />

as a condition for the establishment, acquisition, expansion, management, conduct or<br />

operation of a covered investment. Foreign and <strong>Bahrain</strong>i-owned companies must meet<br />

the same requirements and comply with the same environmental, safety, health, and<br />

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