The Bahrain Chamber for Dispute Resolution (BCDR) is pleased to announce the appointment of Khaled Al Khayat as its new Chief Registrar, effective January 1, 2025.

Mr. Al Khayat brings extensive experience and a deep understanding of BCDR’s operations to this important leadership role. He has been a vital member of the BCDR team since joining in 2009.

Soon after joining BCDR, Mr. Al Khayat completed comprehensive case management training at the International Centre for Dispute Resolution (ICDR-AAA) in New York in July 2009, further strengthening his expertise in dispute resolution administration.

Mr. Al Khayat holds an LLB from Yarmouk University in Jordan and is fluent in both Arabic and English. His deep knowledge of BCDR’s operations, developed over years of service, along with his legal background, makes him well-qualified to manage a diverse caseload and effectively communicate with parties.

 

The Bahrain Chamber for Dispute Resolution (BCDR) participated in the Sharm El Sheikh IX Conference on the Role of State Courts in International Arbitration, held in Sharm El Sheikh, Egypt, from December 4-5, 2024. The conference was organized by UNCITRAL, the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the International Council for Commercial Arbitration (ICCA), the International Federation of Commercial Arbitration Institutions (IFCAI), and the Arab Union for International Arbitration (AUIA).

On the first day of the conference, a soft launch of the Arabic version of ICCA’s Judges’ Guide to the Interpretation of the 1958 New York Convention (Second Edition) took place. BCDR’s CEO, Ahmed Husain, participated in presenting the guide to H.E. Judge Adnan Fangari, Egypt’s Minister of Justice, alongside other distinguished figures.

The presentation ceremony included remarks from Dr. Mohamed Abdel Raouf; Funke Adekoya, Governing Board Member of ICCA; Judge Dominique Hascher, advisory member of ICCA’s Governing Board; and Vladimir Khvalei, ICCA Board Member.

The Arabic translation of this essential resource for judges was a collaborative effort, led by Ahmed Husain, CEO of BCDR. He translated and initially revised the amendments for the second edition of the guide, then oversaw the final review process with Dr. Mohamed Abdel Raouf, Partner and Head of Arbitration at Abdel Raouf Advocates & Legal Consultants and a member of ICCA’s advisory board, along with Aysha Mutaywea, Partner at Mena Chambers, Board member of the International Chamber of Commerce (ICC) – Bahrain Branch, and Trustee of BCDR.

In 2014, BCDR translated the first edition of the ICCA Judges’ Guide during its launch. This ongoing commitment highlights BCDR’s dedication to promoting best practices in international arbitration and supporting the judiciary across the Arab world.

The Judges’ Guide serves as an invaluable tool for judges tasked with interpreting and applying the New York Convention, a cornerstone of international arbitration. The availability of an Arabic version will significantly enhance its accessibility and impact within the Arab legal community.

The Bahrain Chamber for Dispute Resolution (BCDR) proudly observed Bahraini Women’s Day 2024, a national celebration held annually on December 1st under the patronage of His Majesty King Hamad bin Isa Al Khalifa, the King of Bahrain. This year’s theme, “Women: Worthy Partners in Building the Nation” (“المرأة شريكٌ جديرٌ في بناء الدولة”), served as a powerful tribute to the invaluable contributions of Bahraini women across all sectors.

In a special message, BCDR reaffirmed its commitment to advancing women’s roles in the legal profession and supporting their significant contributions to dispute resolution. The BCDR paid tribute to the following pioneering women, whose achievements have paved the way for future generations:

• Haya Rashid Al Khalifa: The first woman Chairperson of the BCDR Board of Trustees.
• Judge Masooma Abdul Rasool Isa: The first woman Tribunal Judge in the BCDR Court.
• Zainat Abdel Rahman Al Mansoori: The first woman to serve as a third member of the Tribunal in the BCDR Court.
• Elham Ali Hasan: The first woman to act as a party representative for the Defendant before the BCDR Court and the first woman Arbitrator in BCDR arbitration cases.
• Noor Hasan Radhi: The first woman to act as a party representative for the Plaintiff before the BCDR Court.
• Shams Almolok Sadek Al Baharna: The first woman appointed Expert by the BCDR Court.
• Samaa Ali Al Engineer: The first woman Manager at BCDR.
• Aysha Abdulla Mutaywea and Ms. Noof Khalid Ajaji: The first women Case Managers at BCDR.

BCDR is committed to promoting equal and fair opportunities for women in all its cases. The message highlighted the significant achievements of women involved in BCDR’s cases, praising their role in paving the way for future generations to excel in the legal field and alternative dispute resolution. In its message, BCDR proudly acknowledged the vital contributions of Bahraini women to national progress, reaffirming its commitment to supporting their ongoing efforts to shape the future of Bahrain’s legal sector. The BCDR emphasized the importance of collective efforts to empower women in the workplace and recognized their critical role in building a modern society. Bahraini Women’s Day serves as a national occasion to honor women’s essential roles across various fields and highlight their status as key partners in building the nation. BCDR reiterated its mission to empower women and recognize their invaluable contributions to justice and sustainable development in Bahrain. The BCDR expressed gratitude to the honorees for their efforts with the organization and for being among the first to do so.

On 28 November 2024, a workshop was held to introduce the Bahrain Chamber for Dispute Resolution (BCDR)’s role, services, and jurisdiction to the Sri Lankan business community in Bahrain. The event was organized in collaboration with the Sri Lankan Embassy in Bahrain, following a previous visit to the BCDR by Sri Lanka’s Ambassador to Bahrain, H.M.G.R.R.K. Wijeratne Mendis. The workshop covered dispute resolution options available through the BCDR. It highlighted key topics, including an overview of arbitration and mediation processes, as well as how to access BCDR facilities. Attendees learned about the many benefits of resolving disputes through the BCDR, with a focus on its ability to promote fair and efficient outcomes.

The workshop was attended by Ambassador H.M.G.R.R.K. Wijeratne Mendis, Ms. Madhuka Silva, Head of Chancery, along with other embassy staff and members of the Sri Lankan business community living in Bahrain.

Facilitated by BCDR case managers Fatema Al Zayed Al Jalahma and Salman Ahmad, as well as Acting Chief Registrar Khalid Al Khayat and CEO Ahmad Husain, the event offered valuable insights and resources for all participants.

This initiative underscores BCDR’s commitment to increasing awareness and improving access to dispute resolution services both locally and internationally.

 

Fatema Al Zayed Al Jalahma, Senior Case Manager at the Bahrain Chamber for Dispute Resolution (BCDR), participated as a panelist in the “Art.bit.ration: Talks on Regional Updates in Investment ” event, which took place on November 14, 2024, as part of Dubai Arbitration Week 2024.

The event, which took place at the Capital Club in Dubai International Financial Centre, brought together leading experts from the MENA region, Asia, the EU, and the UK to discuss regional perspectives on investment arbitration highlights from 2023-2024. It featured a keynote speech by Anna Zeitlinger, Managing Partner of LGP Group, followed by an engaging panel discussion moderated by Anna Avdulova of Ivanyan & Partners.

The panel explored critical topics shaping the landscape of investment protection and arbitration in 2023-2024, including:

• Ongoing reform of the ISDS system and addressing its “legitimacy crisis”
• The impact of sanctions on investment arbitration
• Diversification of arbitrator pools and arbitral seats
• The role of Asian and MENA arbitral institutions in investment disputes

As a panelist, Ms. Al Jalahma shared valuable insights on recent developments in investment arbitration from a MENA perspective. She highlighted initiatives related to investor-state dispute settlement (ISDS) reform and the recent work of the United Nations Commission on International Trade Law (UNCITRAL) working group III and the Organisation for Economic Co-operation and Development (OECD), drawing from her experience at the Bahrain Chamber for Dispute Resolution. Ms. Al Jalahma also provided perspectives on treaty-making practices and trends in the MENA region.

Ms. Al Jalahma’s participation in this event emphasizes BCDR’s commitment to remaining at the forefront of international arbitration developments and contributing to key discussions shaping the future of investment arbitration.

The Bahrain Chamber for Dispute Resolution (BCDR), in partnership with Jus Mundi, hosted an exclusive reception on 12 November 2024, attracting over 100 distinguished legal professionals from 30 jurisdictions. This evening gathering held on the sidelines of Dubai Arbitration Week 2024 which takes place between 11 and 15 November 2024, provided a unique opportunity for high-level discussions and networking within the international legal community.

Representing BCDR at the reception were Chair Mr. Ali Abdulla Al Aradi, Board Members Mr. Reza Mohtashami KC and Ms. Aysha Mutayweam, Judge Jan Paulsson, Chief Executive Officer Mr. Ahmed Husain, and Case Manager Mr. Salman Ahmed. During the event, BCDR’s representatives underscored Bahrain’s unique strengths as a regional hub for alternative dispute resolution (ADR). They emphasized Bahrain’s robust legal framework, supportive regulatory environment, experienced judiciary, and the country’s commitment to upholding international standards in dispute resolution.

Mr. Jean-Remi de Maistre, CEO and Co-Founder of Jus Mundi, was also in attendance and spoke about the recent collaboration between BCDR and Jus Mundi. He highlighted how this partnership leverages Jus Mundi’s cutting-edge technological advancements to support transparency, efficiency, and access to information in legal proceedings.

BCDR’s participation in Dubai Arbitration Week underscores Bahrain’s strategic commitment to advancing the region’s ADR-friendly ecosystem. By actively engaging with the international legal community, BCDR aims to position Bahrain as a leading destination for ADR in the Middle East and beyond.

Prof. Marike Paulsson, Secretary-General of the Council for International Dispute Resolution and Vice-Chair of the BCDR Board of Trustees, participated in several prominent panels during the São Paulo Arbitration Week held from 14 to 18 October 2024. The week brought together international experts, practitioners, and academics to discuss pressing topics in arbitration, compliance, and the impact of technology.

On 14 October 2024, Prof. Paulsson was a key speaker at the XI Edition CAM-CCBC Arbitration Congress and the 17th Biennial IFCAI Conference, participating in a panel that examined how legal cultures shape the production of evidence in arbitration. The discussion addressed differences between common law and civil law jurisdictions, jurisdictional approaches, handling expert evidence, and the role of the IBA Rules in harmonizing practices. Strategies for navigating these cultural differences were also provided, offering practical insights for arbitration practitioners.

On 16 October, and as part of a special event organized by Paul Hastings, Prof. Paulsson joined a diverse team of experts to explore holistic approaches to deals and disputes in the context of Brazilian arbitration. The discussion emphasized the importance of integrating contracts and compliance measures into arbitration practices, highlighting contemporary challenges and strategies for effective dispute resolution.

On 18 October in an event hosted by the Instituto dos Advogados de São Paulo (IASP) and the Associação Latinoamericana de Arbitragem (ALArb) focused on the evolving role of technology in dispute resolution, Prof. Paulsson engaged in discussions regarding innovative technological solutions, including online arbitration and the works of the United Nations Commission in facilitating these advancements.

BCDR proudly participated in the International Bar Association’s (IBA) Annual Conference in Mexico City from 15 to 20 September 2024. Delegates from BCDR included Ahmed Husain, Chief Executive Officer, Khaled Al Khayat, Acting Chief Registrar, and Supritha Suresh, Legal Researcher.

The conference, which drew more than 4,000 attendees from more than 100 jurisdictions, featured a wide range of sessions addressing critical and timely legal issues such as the rule of law, human rights, artificial intelligence, climate change, and Environmental Social and Governance (ESG).

As a longtime supporter of the IBA, BCDR has maintained a consistent presence at the organization’s annual conferences for the past fourteen years. This year’s participation underscores BCDR’s commitment to the promotion of alternative dispute resolution mechanisms available in Bahrain to the global legal community and its ongoing efforts to strengthen its leading presence during global discussions on important legal issues.

In a move that highlights the Kingdom of Bahrain’s continued commitment to advancing international trade law, Professor Marike Paulsson, the Secretary General of the Council for International Dispute Resolution in Bahrain and Deputy Chairperson of the Bahrain Chamber for Dispute Resolution (BCDR) Board of Trustees, recently spoke at a two-day colloquium in Vienna. Hosted by the UNCITRAL Secretariat during the 80th session of Working Group II from 30 September to 4 October 2024, the event brought together global experts to discuss the recognition and enforcement of electronic arbitral awards.

As a key participant, Prof. Paulsson was invited to speak during the colloquium’s fourth panel, which focused on ensuring consistency across UNCITRAL instruments and the solutions they offered.

In her speech, Prof. Paulsson discussed possible pathways for aligning legal frameworks with a digital economy and beyond. She referenced Article 2 of the Vienna Convention on the Law of Treaties 1969 (VCLT), which outlines essential definitions relevant to treaty law. She emphasized Article 31, the general rule of interpretation, highlighting its importance in understanding the application of treaties in a digital context. Additionally, she addressed Article 40, concerning the amendment of multilateral treaties, and explored its implications for adapting existing frameworks to new technological realities. Prof. Paulsson also examined relevant articles of the New York Convention—specifically Articles I, II, III, and IV—which pertain to the recognition and enforcement of arbitral awards, and she provided insights from the New York Convention’s drafting history, drawing attention to how historical context can inform current practices and adaptations in electronic arbitration.

This participation by Prof. Paulsson is a continuation of Bahrain’s involvement in the UNCITRAL working groups, which has been facilitated through BCDR’s ongoing engagement in these important meetings. This underscores BCDR’s dedication to supporting the development of international commercial arbitration and modernizing dispute resolution mechanisms on a global scale.

MANAMA, BAHRAIN – The Bahrain Chamber for Dispute Resolution (BCDR) was honored to host Sri Lanka’s Ambassador to Bahrain, H.M.G.R.R.K. Wijeratne Mendis, at its offices in Manama on 30 September 2024. The Ambassador was welcomed by BCDR’s CEO, Ahmed Husain. They held a productive and informative meeting.

The discussion centered on strengthening bilateral relations between the two countries, exploring opportunities for collaboration in dispute resolution, and identifying mutual interests to improve dispute resolution practices.

The meeting concluded with a mutual understanding to further collaborate and cooperate between the BCDR and the Embassy of Sri Lanka in Bahrain. This partnership seeks to raise awareness of Bahrain’s arbitration and mediation laws among Sri Lankans with businesses in Bahrain, helping them benefit from an efficient and transparent dispute resolution system.