MoU to establish Bahrain International Commercial Court announced

Manama, May 10 (BNA): The Supreme Judicial Council of the Kingdom of Bahrain and the Supreme Court of Singapore (SCS) are discussing a framework of cooperation to support Bahrain in establishing the Bahrain International Commercial Court (BICC), an international commercial court. A tribunal for the settlement of transnational commercial disputes.

A joint statement between the Supreme Judicial Council and the SCS announced that the ICC status will be based primarily on the model of the Singapore International Commercial Court (SICC).

Chief Justice of the Supreme Court Shaikh Khalid bin Ali Al Khalifa, Deputy President of the Supreme Judicial Council, President of the Court of Cassation and Chief Justice of the Supreme Court of Singapore Sundarsh ​​Menon signed a Memorandum of Understanding and a Guidance Note on the implementation of financial judgments. .

Chief Justice Menon was in Bahrain for a two-day visit, May 8-9, where he met with His Royal Highness Prince Salman bin Hamad Al Khalifa, Crown Prince and Prime Minister, Chief Justice Sheikh Khalid bin Ali Al Khalifa, Deputy Prime Minister. The Supreme Judicial Council and the President of the Court of Cassation, and Nawaf bin Muhammad Al-Maawda, Minister of Justice, Islamic Affairs and Endowments.

The memorandum of understanding and the Ministry of Justice is the first to be signed between the Supreme Judicial Council and the SCS, which strengthens the links between the judicial authorities and the countries concerned.

The MoU promotes cooperation between the relevant judicial bodies to enhance the efficient administration of justice.

The statement affirmed the commitment of the two parties to exchanging experiences and developing institutional and judicial capabilities to ensure effective resolution of cross-border trade disputes, including alternative solutions to disputes.

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The MoU also aims to enhance cooperation in judicial training by facilitating mutual visits. The statement added that the Ministry of Justice seeks to set guidelines for the procedures and requirements for the implementation of financial judgments issued by the courts of each country in the courts of the other party.

The cooperation began with a visit led by Chief Justice Shaikh Khalid bin Ali Al Khalifa where he met Chief Justice Menon in Singapore in October 2022, with the aim of better understanding Singapore’s experience in building an international dispute settlement center.

To facilitate the establishment of the Center for Islamic Courts, working groups were set up in the respective courts, led by Judge Philip Jeyaretnam, President of the Council of Islamic Courts, and Chief Justice Khalid bin Ali.

The Chief Justice of the Supreme Court, Khalid bin Ali, affirmed that this unprecedented cooperation between Bahrain and Singapore to support the establishment of the Bahrain Dispute Resolution Center (BICC) reflects the excellent relationship between the Bahraini judiciary and the Singaporean judiciary, and reinforces the common aspiration of both judicial bodies to develop and promote effective transnational dispute settlement mechanisms. .

“By cooperating with the Singaporean judiciary, it is hoped that BICC will work hand in hand with SICC to provide a global approach that keeps party independence at its core, providing impartial and effective justice that meets the expectations of the international business community. The collaboration between the ICC Center and the Islamic Courts Center aims to provide A complete ecosystem for regional and international dispute resolution along with arbitration and mediation.”

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Chief Justice Menon said, “It was a great honor for me and my entire country’s delegation to be greeted with the warm hospitality and cordiality of our hosts in Bahrain, particularly His Royal Highness Prince Salman bin Hamad Al Khalifa and Chief Justice Sheikh Khalid bin Ali.”

He added that during his visit to Bahrain, the two judges witnessed the beginning of an important project to enter into cooperation to support the establishment of the Bahrain International Center for the Court, and to enter into important tools that greatly enhance bilateral judicial cooperation, and they engaged in an insightful and objective dialogue. Round table discussion of new and emerging trends in international commercial disputes.

He said that these great achievements laid a strong foundation for future cooperation between the judiciary in Singapore and Bahrain.

On the second day of his visit, Chief Justice Menon gave a talk entitled “The Transnational System of Commercial Justice and the Place of International Commercial Courts”. In his lecture, Chief Justice Menon addressed the rise, role and characteristics of the Transnational Commercial Justice System (TSCJ), explained the central place of International Commercial Courts (ICCs) within the TSCJ, and how the ICC can transform its jurisdictions into master nodes. of dispute resolution at the TSCJ.

The establishment of the Bahrain International Convention Center is a component of Bahrain’s ambition to build an international center for the settlement of commercial disputes with state-of-the-art infrastructure that can benefit from the strong economic growth in the region.

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BICC relies on effective dispute resolution mechanisms already in place in Bahrain, in particular the Bahrain Chamber for Dispute Resolution and the latest amendments to adjudicate commercial disputes in English.

Bahrain recently appointed judges to the Court of Cassation (Bahrain High Court) who are internationally renowned in settling commercial disputes. The judges will also sit on applications for recognition and annulment of high-value arbitral awards and ancillary actions related to the arbitration.

As a forum for resolving international commercial disputes, the Islamic Courts Center has established a reputation as a leading and trusted neutral forum for the efficient and effective settlement of international commercial disputes. In the Singapore International Academy’s International Dispute Resolution Survey 2022, which included in-house counselors, dispute resolution attorneys, corporate attorneys and corporate executives from 25 countries, the SICC was voted the most widely used international commercial court globally.

The Supreme Court of the International Criminal Court is made up of a diverse group of eminent international and domestic judges from the civil law and common law traditions, with expertise in adjudicating specialized commercial disputes. Described as “litigation arbitration,” SICC brings together the best practices of international arbitration with the substantive principles of international commercial law, to offer procedures that are compatible with and responsive to the needs and realities of rapidly changing international trade.







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