In addition to routinely acting as appointing authority in all disputes administered under the BCDR Arbitration Rules, the Bahrain Chamber for Dispute Resolution (BCDR or the Chamber) may also act as appointing authority in ad hoc arbitration or mediation proceedings.
As appointing authority, depending on the agreement of the parties and the applicable ad hoc rules, the Chamber may appoint arbitrators and mediators, take decisions on challenges or other grounds for the replacement of neutrals, fix their fees, hold deposits, and review costs and fees incurred.
In May 2022, the Secretary-General of the Permanent Court of Arbitration (PCA) designated Professor Nassib G. Ziadé, in his capacity as the CEO of BCDR, as the appointing authority pursuant to the 2013 UNCITRAL Arbitration Rules (the UNCITRAL Rules) in an arbitration arising out of a consultancy and oilfield project management services agreement.
In this capacity, Professor Ziadé appointed an arbitrator in default of an appointment by the respondent party. He subsequently appointed the tribunal president, following the list procedure set out in the UNCITRAL Rules, when the two co-arbitrators failed to agree on the president.
BCDR is in the process of developing rules for the administration of ad hoc arbitrations, which will include provisions on its acting as appointing authority.