Judicial roundtable discussion on maintaining certainty in construction contracts governed by Bahraini law

Manama, July 18 (BNA): The Supreme Judicial Council hosted a round table to discuss ways to increase certainty in judgments in construction disputes under Bahraini law in light of judicial trends related to these types of contracts in the region.


A number of civil and commercial court judges participated in the round table session, in the presence of Sheikh Khalid bin Ali Al Khalifa, Vice President of the Supreme Judicial Council and President of the Court of Cassation.


The discussion hosted a panel of eminent construction dispute experts from the international law firm White and Case, who presented the modern requirements of the financial and business sector in the field of construction dispute settlement.


During the roundtable, the participants discussed comparative experiences with regard to the legal provisions governing construction-related contracts and contracting within regional jurisdictions. In addition, the participants explored the legal principles related to liquidated damages and how they apply in construction disputes.


The discussion also dealt with the authority of the judge to implement emergency procedures in construction disputes, which contributes to preserving the interests of all parties and achieving a balance between the rights of the contracting parties, as construction projects are considered one of the most important dynamic economic sectors in the region.


The round table also highlighted some examples of case law regarding the application of the principle of good faith in construction contracts and judicial approaches in the interpretation of contracts and conditional payment agreements between contractors.

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This event was held as part of a series of meetings aimed at exchanging experiences within the framework of initiatives aimed at enhancing certainty in judgments and strengthening judicial principles. In addition to its importance in facilitating the resolution of disputes that may arise during the implementation of contracts and achieving the goal of resolving disputes within a supportive legal framework in a timely and consensual manner.



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