MPs to debate four major international treaties clearing path for cross-border court
MPs will debate today a decree that would bring Bahrain into four international treaties on civil and commercial matters, setting the legal groundwork for a new court to deal with cross-border disputes.
The draft law known as Decree-Law No. 8 of 2024 covers Bahrain's entry into three global agreements and a bilateral treaty with Singapore.
Taken together, they would provide the legal tools needed for the country to host international hearings and appeals in line with global practice.
One of the treaties is the 1970 Hague Convention on the Taking of Evidence Abroad.
Reservations
Bahrain has made two reservations. Only requests in English or translated into English will be accepted.
The section allowing diplomats or consuls to gather evidence will not apply. Both positions are allowed under the terms of the convention.
The 2005 Hague Convention on Choice of Court Agreements makes contracts that name a specific court binding.
Agreement
Another agreement adopted by the United Nations in 2018 sets out how settlements reached through mediation in commercial cases can be enforced across borders.
The treaty with Singapore allows for rulings issued in Bahrain to be appealed there, if both parties agree beforehand.
Where such an arrangement exists, and the ruling is in English, an appeal may be lodged abroad. Any decision must then be reissued by the Bahraini court before it takes effect locally.
Measure
The Financial and Economic Affairs Committee backed the measure and referred to a consultancy deal signed in March to help the court's early phase.
That work includes drafting rules, training staff and promoting the court abroad.
The Ministry of Justice said the new court would help meet the needs of international businesses and investors.
Flexibility
The Ministry of Legal Affairs said the treaties would allow flexibility in language and legal representation while keeping oversight within Bahrain.
Lawyers from overseas would be able to take part in hearings if working alongside a Bahraini colleague.
The Foreign Ministry said the treaties would assist with requests for evidence, recognition of judgments and enforcement of settlements.
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